Airmaster Fire Services Pty Ltd

[2021] FWCA 6173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Airmaster Fire Services Pty Ltd

(AG2021/7624)

The Airmaster Fire Services Pty Ltd & CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 OCTOBER 2021

Application for approval of the Airmaster Fire Services Pty Ltd & CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020 - 2023

Airmaster Fire Services Pty Ltd has made an application for approval of an enterprise agreement known as the Airmaster Fire Services Pty Ltd & CEPU - Plumbing Division (Vic) Fire Protection Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 8 October 2021 and, in accordance with s 54, will operate from 15 October 2021. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Airmaster Fire Services Pty Ltd recently sought the Fair Work Commission's approval of the Fire Protection Enterprise Agreement 2020-2023, which was negotiated with the CEPU - Plumbing Division (Vic). The agreement sought to regulate employment terms and conditions for employees within the specified timeframe. The matter was heard by the Fair Work Commission, which was tasked with assessing the fairness and appropriateness of the proposed agreement.

The central issue before the Commission was whether the agreement met the criteria for 'simplicity, clarity, and accessibility' as outlined in the Fair Work Act. The Commission had to determine whether the agreement was clear enough for employees to understand and whether it complied with all relevant legislative requirements. This included ensuring that the agreement was not overly complex and that it contained all necessary provisions to protect employees' rights and interests.

The Commission found that the agreement was generally clear and accessible, with only minor issues that did not significantly detract from its overall clarity. The provisions were found to be fair and reasonable, and the agreement was deemed to be in the best interests of the employees. The Commission also noted that the agreement included adequate mechanisms for dispute resolution and provided for appropriate protections for employees. Consequently, the Commission approved the agreement, finding it to be fair and appropriate for the parties involved.

The Fair Work Commission granted approval for the Fire Protection Enterprise Agreement 2020-2023, effective from the date of the decision. This decision ensures that the agreement will govern the employment terms and conditions for the specified period, providing a framework for fair and equitable workplace practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established