DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CCSJ Fire Pty Ltd T/A C & C Fire Protection Pty Ltd
(AG2019/347)

CCSJ FIRE PTY LTD ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
COMMISSIONER BISSETT	MELBOURNE, 29 MAY 2019

Application for approval of the CCSJ Fire Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the CCSJ Fire Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CCSJ Fire Pty Ltd T/A C & C Fire Protection Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2019. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CCSJ Fire Pty Ltd, trading as C & C Fire Protection Pty Ltd, sought approval of an enterprise agreement for the period 2019-2023 from the Fair Work Commission. The application was made under section 230 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for direct approval, which includes ensuring it does not adversely affect employees or employers and maintains or improves workplace conditions.

The court was tasked with determining if the enterprise agreement complied with the statutory requirements of the Fair Work Act and if it was in the best interest of the employees and employers involved. Specifically, the court examined whether the agreement appropriately balanced the rights and interests of both parties and whether it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the enterprise agreement did meet the criteria for direct approval. The court held that the agreement was fair and reasonable and did not adversely affect the employees or employers. It was noted that the agreement provided for a balanced consideration of the interests of both parties, and it met the statutory requirements of the Fair Work Act. The Commission was satisfied that the agreement would improve workplace conditions and was in the best interest of all parties.

The Fair Work Commission approved the CCSJ Fire Pty Ltd Enterprise Agreement 2019-2023, allowing it to come into effect as per the terms outlined in the agreement. This decision was made in accordance with the provisions of the Fair Work Act, ensuring that the agreement was fair and reasonable and met the necessary statutory requirements.

CCSJ Fire Pty Ltd T/A C & C Fire Protection 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