DECISION

Fair Work Act 2009
s.185—Enterprise agreement

360 Degree Fire Pty Ltd
(AG2015/7077)

360 DEGREE FIRE PTY LTD – ENTERPRISE AGREEMENT FIRE SERVICES ELECTRICIAN – 2015 TO 2018

Australian Capital Territory
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the 360 DEGREE FIRE PTY LTD – ENTERPRISE AGREEMENT FIRE SERVICES ELECTRICIAN – 2015 TO 2018.

[1] An application has been made for approval of an enterprise agreement known as the 360 DEGREE FIRE PTY LTD – ENTERPRISE AGREEMENT FIRE SERVICES ELECTRICIAN – 2015 TO 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 360 Degree Fire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2016. The nominal expiry date of the Agreement is 25 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, 360 Degree Fire Pty Ltd, an applicant, sought approval for an enterprise agreement titled "Fire Services Electrician – 2015 to 2018". The dispute involved the terms and conditions of employment for electricians under the agreement. The case was heard and determined by the Fair Work Commission, an Australian industrial relations tribunal.

The legal issues before the Commission included whether the agreement met the requirements under the Fair Work Act 2009 for a "modern award" and whether it provided for appropriate minimum terms and conditions. Specifically, the Commission had to consider if the agreement satisfied the "better-off-overall test," ensuring employees were not worse off financially, and if it complied with the "no-disadvantage test," preventing employees from being disadvantaged compared to those not covered by the agreement.

The Fair Work Commission found that the agreement met the legislative requirements. It was determined that the proposed agreement provided for terms and conditions that were no less favourable than the relevant modern award, thus satisfying the better-off-overall test. Additionally, the agreement did not disadvantage any employee who was not party to the agreement, fulfilling the no-disadvantage test. The Commission approved the agreement, recognising it as a fair and reasonable document that met the statutory criteria.

The final orders of the Fair Work Commission were that the enterprise agreement be approved and registered, effective from the date of the decision. This approval allowed the terms and conditions outlined in the agreement to govern the employment of fire services electricians for the specified period.

360 Degree Fire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established