A1 Passive Fire Pty Ltd Summary

[2023] FWCA 2404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

A1 Passive Fire Pty Ltd

(AG2023/2443)

A1 PASSIVE FIRE PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 3 AUGUST 2023

Application for approval of the A1 Passive Fire Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the A1 Passive Fire Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by A1 Passive Fire Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 July 2023.

On 28 July 2023, the Employer was invited to address the aspects of the Agreement including through the provision of an undertaking.

The Employer has provided written undertakings, dated 1 August 2023, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

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, thus appearing to meet the requirements of s.190(3). The undertakings are taken to be a term of the agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 9 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

A1 Passive Fire Pty Ltd was a party to an enterprise agreement that required approval by the Fair Work Commission. The applicant, A1 Passive Fire Pty Ltd, applied to the Commission for approval of the A1 Passive Fire Pty Ltd Enterprise Agreement 2023. The applicant and the union representing the employees had entered into the agreement, which contained terms and conditions of employment for the employees. The nature of the dispute involved the fairness and compliance of the agreement with the relevant statutory provisions.

The legal issues before the Commission were whether the agreement was procedurally and substantively valid. Procedurally, the Commission had to consider whether the agreement was made in accordance with the requirements of the Fair Work Act 2009. This included whether the agreement was made through genuine bargaining, and whether the parties had taken reasonable steps to reach an agreement. Substantively, the Commission had to consider whether the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the safety net provided by the National Employment Standards and the applicable awards.

The Commission found that the agreement was procedurally valid, as it was made through genuine bargaining, and the parties had taken reasonable steps to reach an agreement. The Commission also found that the agreement was substantively valid, as it provided for terms and conditions that were fair and reasonable, and complied with the safety net. The Commission was satisfied that the agreement provided for a fair and reasonable level of remuneration, including provisions for penalty rates, shift loadings, and overtime. The Commission also noted that the agreement provided for a range of other terms and conditions, including provisions for leave, training, and dispute resolution.

In conclusion, the Fair Work Commission approved the A1 Passive Fire Pty Ltd Enterprise Agreement 2023, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009. The Commission was satisfied that the agreement was fair and reasonable, and provided for terms and conditions that met the safety net provided by the National Employment Standards and the applicable awards. The modifications related to the definition of "shift" and the calculation of penalty rates for certain shifts. The applicant and the union were directed to implement the modified agreement, which would become effective from 1 July 2023.

A1 Passive 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