DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APEX Fire Pty Ltd
(AG2017/3807)

APEX FIRE ENTERPRISE AGREEMENT 2017 - 2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the APEX Fire Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the APEX Fire 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 APEX 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 24 November 2017 and, in accordance with s.54, will operate from 1 December 2017. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, APEX Fire Pty Ltd, sought approval of the APEX Fire Enterprise Agreement 2017-2021 in the Fair Work Commission. The dispute involved the terms and conditions of employment for employees within the company. The matter was brought before the Fair Work Commission, an Australian government body responsible for overseeing and enforcing workplace laws and agreements.

The central legal issues the Fair Work Commission had to address were whether the enterprise agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about the fairness and coverage of the agreement.

In delivering its decision, the Fair Work Commission examined the bargaining process and the content of the agreement. The Commission found that the agreement was made in good faith and without coercion, and that it covered all necessary aspects as per the legislative requirements. The Commission also considered the fairness of the terms and conditions, including pay rates, working hours, and other employment-related matters. Ultimately, the Commission approved the APEX Fire Enterprise Agreement 2017-2021, recognising it as a fair and reasonable agreement for the employees involved.

The Fair Work Commission's final orders were that the APEX Fire Enterprise Agreement 2017-2021 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to be enforced between the applicants and the employees, setting the terms and conditions for their employment during the specified period.

APEX 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