Bellfast Fire Protection Services Pty Ltd

Case [2016] FWCA 3018


[2016] FWCA 3018
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Bellfast Fire Protection Services Pty Ltd
(AG2016/2903)

BELLFAST FIRE PROTECTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2016-2020

Plumbing industry

COMMISSIONER ROE

MELBOURNE, 16 MAY 2016

Application for approval of the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bellfast Fire Protection 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] The Agreement was approved on 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

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Details
AGLC
Bellfast Fire Protection Services Pty Ltd [2016] FWCA 3018
Case
[2016] FWCA 3018
Decision Date

CaseChat Overview and Summary

Bellfast Fire Protection Services Pty Ltd sought approval of the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2016-2020 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees of Bellfast Fire Protection Services Pty Ltd. The respondents in the case were the employees of Bellfast Fire Protection Services Pty Ltd, represented by their union, the United Workers Union. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment and whether it had been made in good faith.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been made in good faith. The Commission noted that the agreement contained provisions for wages, allowances, penalties, and conditions of employment, as well as provisions for dispute resolution and termination of employment. The Commission also noted that the agreement had been negotiated between the employer and the union, and that it had been subject to a vote by the employees, with a majority in favour of the agreement. The Commission was required to determine whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment and whether it had been made in good faith.

The Commission found that the agreement met the requirements of the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission also noted that the agreement had been subject to a vote by the employees, with a majority in favour of the agreement. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The Commission approved the agreement, and it became a registered agreement under the Act.

The Fair Work Commission approved the Bellfast Fire Protection Services Pty Ltd Enterprise Agreement 2016-2020, and it became a registered agreement under the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions of employment, and it had been made in good faith. The agreement had been subject to a vote by the employees, with a majority in favour of the agreement. The Commission was satisfied that the agreement met the requirements of the Act, and it approved the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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