Application for the approval of Base Fire Protection Fire Alarms Installation Enterprise Agreement February 2022 – correction to nominal expiry date.

The decision issued by the Fair Work Commission on 7 April 2022 [[2022] FWCA 1231] is corrected as follows:

By deleting paragraph [6] and replacing it with the following:

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2022. The nominal expiry date of the Agreement is 6 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Details

AGLC: Base Fire Protection Pty Ltd [2022] FWCA 1231
Case: [2022] FWCA 1231
Decision Date: 7 APRIL 2022

CaseChat Overview and Summary

Base Fire Protection Pty Ltd applied to the Fair Work Commission to approve a correction to the nominal expiry date of an enterprise agreement. The enterprise agreement in question was the Base Fire Protection Fire Alarms Installation Enterprise Agreement February 2022, which was to apply to employees within the electrical contracting industry. The application was heard by Deputy President Masson in Melbourne on 7 April 2022. The Commission was required to determine whether the correction to the nominal expiry date of the enterprise agreement was appropriate under the Fair Work Act 2009. In particular, the Commission was required to consider whether the correction was necessary to avoid uncertainty or hardship and whether it was consistent with the principles of good faith bargaining.

The Fair Work Commission approved the correction to the nominal expiry date of the enterprise agreement. In reaching this decision, the Commission noted that the original agreement had been entered into in good faith and that the correction was necessary to avoid uncertainty or hardship. The Commission found that the correction did not undermine the principles of good faith bargaining and was consistent with the objectives of the Fair Work Act 2009. The Fair Work Commission approved the correction to the nominal expiry date of the enterprise agreement, which will now expire on 6 April 2026. The enterprise agreement will operate from 14 April 2022.

Orders