DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Fire Services Pty Ltd
(AG2016/6349)

AUSTRALIAN FIRE SERVICES PTY LTD SPRINKLER FITTERS COLLECTIVE AGREEMENT 2016

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Australian Fire Services Pty Ltd Sprinkler Fitters Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Fire Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 October 2016 and, in accordance with s.54, will operate from 28 October 2016. The nominal expiry date of the Agreement is 21 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Australian Fire Services Pty Ltd, sought approval of a collective agreement between the company and the trade union representing its employees. The application was brought under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's employees, including wages, hours of work, and other employment conditions. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of section 233 of the Fair Work Act. This section requires that an agreement must provide for, among other things, a safety net of minimum terms and conditions, and that the agreement must not provide for terms and conditions that are less favourable than the applicable awards or the national system of minimum wages and conditions. The Commission had to consider whether the proposed agreement complied with these statutory requirements.

In determining whether the agreement met the statutory requirements, the Commission considered the submissions of the parties and the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for a safety net of minimum terms and conditions, and that the agreement did not provide for terms and conditions that were less favourable than the applicable awards or the national system of minimum wages and conditions. The Commission approved the proposed agreement, subject to certain conditions.

The Commission's decision was based on a detailed analysis of the proposed agreement and the relevant statutory provisions. The Commission found that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act. The Commission also noted that the agreement had been negotiated in good faith and that it represented a genuine attempt by the parties to reach an agreement on the terms and conditions of employment. The Commission approved the proposed agreement, subject to certain conditions, including a requirement that the agreement be registered with the Fair Work Commission.

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