DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AS Fire Management Pty Ltd t/a AS Fire Management
(AG2020/3138)

AS FIRE MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 3 DECEMBER 2020

Application for approval of the AS Fire Management Pty Ltd Enterprise Agreement 2020-2024.

[1] AS Fire Management Pty Ltd has applied for approval of a single enterprise agreement known as the AS Fire Management Pty Ltd Enterprise Agreement 2020-2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met and passes the better off overall test. Further information was provided in relation to these concerns.

[3] AS Fire Management sought to amend the original application, by filing an amended declaration using the current form. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586(a) of the Act.

[4] As there were no bargaining representatives appointed to represent the employees to be covered by the Agreement the Commission took steps to ensure the relevant employees were served with, and has received evidence that, the employees were informed of: the application; the Commission’s concerns; the Applicant’s responses to those concerns; and were invited to express their views and none opposed.

[5] On the basis of the material contained in the application and related materials, 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.

[6] The Agreement was approved on 3 December 2020 and, in accordance with s.54, will operate from 10 December 2020. The nominal expiry date of the Agreement is 3 December 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the AS Fire Management Pty Ltd Enterprise Agreement 2020-2024. The applicant, AS Fire Management Pty Ltd, sought the Commission's endorsement of the proposed agreement, which was intended to govern the employment conditions of their employees over the specified period. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the Commission needed to address included whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the procedural fairness in its development and whether it contained all the mandated terms and conditions. Additionally, the Commission had to consider whether the agreement provided for the fair and reasonable terms and conditions for the employees involved.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the agreement was in compliance with the legislative requirements. The Commission found that the agreement had been developed through a process that adhered to procedural fairness and included all the necessary mandated terms. Furthermore, it was concluded that the agreement provided for fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the enterprise agreement.

In its decision, the Commission made orders approving the AS Fire Management Pty Ltd Enterprise Agreement 2020-2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees for the specified period. The decision underscores the importance of ensuring that enterprise agreements meet all statutory requirements to protect the rights of both employers and employees.

AS Fire Management Pty Ltd t/a AS Fire Management

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established