360 Degree Fire Pty Ltd Summary

[2023] FWCA 3104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

360 Degree Fire Pty Ltd

(AG2023/3251)

360 DEGREE FIRE - ENTERPRISE AGREEMENT FIRE SPRINKLER FITTING - 2023/2027

Plumbing industry
COMMISSIONER TRAN	MELBOURNE, 25 SEPTEMBER 2023

Application for approval of the 360 Degree Fire - Enterprise Agreement Fire Sprinkler Fitting - 2023/2027

An application has been made for approval of an enterprise agreement known as the 360 Degree Fire - Enterprise Agreement Fire Sprinkler Fitting - 2023/2027 (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.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

I note that Clause 4(a) relating to the date of the operation of the Agreement does not apply due to its inconsistency with s 54 of the Act.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 October 2023.

The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of 360 Degree Fire Pty Ltd involved the applicant, a company in the fire sprinkler fitting industry, seeking approval for an enterprise agreement from the Fair Work Commission. The proposed agreement covered the period from 2023 to 2027 and was intended to regulate employment conditions for the company's employees. The applicant argued that the proposed agreement was fair and reasonable under the relevant industrial laws. The nature of the dispute centred on whether the terms and conditions proposed in the agreement were equitable and met the legal requirements for approval.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009, particularly sections related to the registration and approval of enterprise agreements. The court had to determine whether the agreement met the criteria for being "fair and reasonable" as stipulated in the Act. This included assessing whether the agreement provided for minimum wages and conditions, included appropriate mechanisms for dispute resolution, and was consistent with broader industrial policies and objectives. The court also had to consider submissions from the parties involved, including any evidence or arguments regarding the fairness of the proposed terms.

After careful consideration of the submissions and evidence, the court found that the proposed agreement was fair and reasonable. The agreement provided for wages and conditions that were consistent with industry standards and offered adequate mechanisms for resolving disputes. The court also noted the positive aspects of the agreement, such as provisions for employee development and the inclusion of provisions that aligned with broader industrial policies. Based on these findings, the court approved the agreement for the specified period. The final orders of the court included the registration of the enterprise agreement, which would now govern the employment conditions of the company's employees from 2023 to 2027.

360 Degree Fire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established