DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bellfast Fire Protection Services Pty Ltd
(AG2020/1701)

BELLFAST FIRE PROTECTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2020-2024

Plumbing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 JULY 2020

Application for approval of the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bellfast Fire Protection Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 20 July 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Plumbing and Fire Sprinklers Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2020. The nominal expiry date of the Agreement is 29 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bellfast Fire Protection Services Pty Ltd recently sought approval of its enterprise agreement 2020-2024. The Fair Work Commission was tasked with reviewing the application and deciding whether the agreement met the criteria set out in the Fair Work Act 2009. The dispute arose from the application for approval of the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2020-2024. The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including the fair and reasonable test. The Commission examined whether the agreement was genuinely negotiated, not coerced, and contained terms that were fair and reasonable.

The Commission noted that the application was made by the employer, and the union had not opposed the application. It was observed that the union had been involved in the negotiation process and had signed the agreement. The Commission also considered the fairness and reasonableness of the agreement's terms, including the wages, working conditions, and other provisions. The Commission found that the agreement was genuinely negotiated and not coerced. It also found that the agreement's terms were fair and reasonable, meeting the requirements of the Fair Work Act. The Commission approved the application and registered the agreement, highlighting the importance of genuine negotiation and fair and reasonable terms in enterprise agreements.

Bellfast Fire Protection 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