Bellfast Fire Protection Services Pty Ltd

[2024] FWCA 2371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bellfast Fire Protection Services Pty Ltd

(AG2024/2033)

BELLFAST FIRE PROTECTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2024-2028

Plumbing industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 26 JUNE 2024

Application for approval of the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2024-2028

Introduction

Bellfast Fire Protection Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2024. The nominal expiry date of the Agreement is 26 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bellfast Fire Protection Services Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement for the period 2024-2028. The application was made by the employer, Bellfast Fire Protection Services Pty Ltd, and the trade union representing the employees, the United Voice Industrial Union of Australia. The nature of the dispute was centred on the fairness and appropriateness of the terms and conditions outlined in the proposed agreement.

The legal issues before the Fair Work Commission included whether the agreement complied with the Fair Work Act 2009, whether it met the "better off overall test," and if the agreement was made in good faith. The Commission also examined whether the agreement provided for fair and reasonable terms and conditions for the employees, including pay rates, working conditions, and other employment-related matters.

The Fair Work Commission found that the agreement was fair and reasonable, met the "better off overall test," and was made in good faith. The Commission considered the parties' submissions, the evidence presented, and the broader economic context in reaching its decision. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and approved the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2024-2028.

The final orders of the Fair Work Commission included the approval of the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2024-2028, effective from the date of the decision, and the agreement to be registered with the Fair Work Commission. The agreement was to apply to all employees covered by the agreement, and the parties were required to comply with its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established