AS Fire Management Pty Ltd t/a AS Fire Management

[2020] FWCA 6487

[2020] FWCA 6487

FAIR WORK COMMISSION

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.

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