DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australian Fire Services Pty Ltd
(AG2021/4261)

AUSTRALIAN FIRE SERVICES PTY LTD SPRINKLER FITTERS COLLECTIVE AGREEMENT 2016

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2021

Application for variation of the Australian Fire Services Pty Ltd Sprinkler Fitters Collective Agreement 2016.

[1] An application has been made for approval of a variation to the Australian Fire Services Pty Ltd Sprinkler Fitters Collective Agreement 2016 (the Agreement). The application was made by Australian Fire Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 22 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Fire Services Pty Ltd, sought a variation of the Sprinkler Fitters Collective Agreement 2016. The applicant argued that the existing agreement needed amendments to address modern work practices and to ensure compliance with the Fair Work Act 2009. The Fair Work Commission was the court that heard the application. The legal issues before the Commission included whether the proposed variations were consistent with the principles of good faith bargaining and whether they were necessary to achieve a fair and efficient workplace. The Commission also needed to consider if the changes would unfairly disadvantage the employees.

In delivering its decision, the Fair Work Commission examined the nature of the proposed variations and their impact on the employees. The Commission found that the applicant had engaged in good faith bargaining, and the proposed changes were necessary to reflect the current work environment and legislative requirements. The Commission was satisfied that the variations did not unjustifiably disadvantage the employees and were in line with the principles of the Fair Work Act. The decision was made in favour of the applicant, and the Commission approved the variations to the collective agreement.

The Fair Work Commission ordered that the Sprinkler Fitters Collective Agreement 2016 be varied as per the applicant's proposal. The changes included updates to work practices, provisions for modern communication methods, and adjustments to reflect legislative compliance. The new agreement was to be effective from the date of the decision, and both parties were required to adhere to the updated terms. This ruling ensures that the workplace remains efficient and compliant with current laws, while also maintaining a fair balance between the employer's and employees' interests.

Australian Fire Services 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