DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beaver Fire Services Pty Ltd
(AG2015/4636)

BEAVER FIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Beaver Fire Services Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Beaver Fire Services Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beaver Fire Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 30 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Beaver Fire Services Pty Ltd was the applicant before the Fair Work Commission, seeking approval of the Enterprise Agreement 2015 - 2019. The agreement was made between the company and its employees, who are represented by the Fire Brigades Union of Victoria. The union argued that the agreement did not meet the 'better off overall test' as required by the Fair Work Act 2009. The dispute centred around the terms and conditions of employment, particularly regarding overtime and shift penalties, which the union claimed were not sufficiently favourable to warrant approval under the Act.

The legal issues before the Commission were whether the terms of the agreement provided employees with outcomes that were better than what they would have received under the relevant award, and whether the agreement complied with the requirements of the Fair Work Act. The Commission had to examine the provisions of the agreement, the existing award, and the evidence presented by both parties to determine if the agreement met the 'better off overall test'. Additionally, the Commission needed to ensure that the agreement did not undermine the existing rights of employees as provided for by the Act.

The Fair Work Commission found that the agreement did indeed meet the 'better off overall test'. The Commission concluded that the employees would be better off overall due to the improvements in their conditions, such as the inclusion of overtime and shift penalties. The Commission noted that while some employees might have lost specific entitlements, the overall financial benefits provided under the agreement were sufficient to meet the statutory test. Consequently, the Commission approved the Enterprise Agreement 2015 - 2019, finding it to be compliant with the Fair Work Act. The decision was made on the basis that the agreement provided a fair balance of benefits and obligations, ultimately improving the terms and conditions for the majority of employees.

Beaver 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