DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A1 Passive Fire Pty Ltd T/A A1 Interiors
(AG2017/3481)

A1 PASSIVE FIRE PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 OCTOBER 2017

Application for approval of the A1 Passive Fire Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the A1 Passive Fire Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A1 Passive Fire Pty Ltd T/A A1 Interiors. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 October 2017 and, in accordance with s.54, will operate from 26 October 2017. The nominal expiry date of the Agreement is 19 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A1 Passive Fire Pty Ltd, trading as A1 Interiors, applied to the Fair Work Commission for the approval of the A1 Passive Fire Pty Ltd Enterprise Agreement 2017-2021. The application arose from a dispute between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary issue was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement met the minimum entitlements under the National Employment Standards, and if it provided for fair and reasonable terms and conditions. Specifically, the Commission needed to determine if the agreement's provisions concerning wages, hours of work, leave, and other employment conditions were fair and reasonable, and whether it contained any terms that were contrary to public policy or were otherwise unenforceable.

The Fair Work Commission found that the agreement was compliant with the statutory requirements. It noted that the agreement provided for terms and conditions that were no less favourable than the applicable awards or the minimum entitlements under the National Employment Standards. The Commission considered the submissions from both parties and found that the agreement was fair and reasonable, providing for appropriate protections for employees. Consequently, the Commission approved the A1 Passive Fire Pty Ltd Enterprise Agreement 2017-2021, and the application was successful. The final order was that the agreement be approved as lodged.

A1 Passive Fire Pty Ltd T/A A1 Interiors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established