DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Celtic Fire Services Pty Ltd
(AG2017/114)

CELTIC FIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Celtic Fire 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 Celtic Fire 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 2 March 2017 and, in accordance with s.54, will operate from 9 March 2017. The nominal expiry date of the Agreement is 22 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Celtic Fire Services Pty Ltd and their employees. The dispute centred around the approval of the Celtic Fire Services Pty Ltd Enterprise Agreement 2016-2020. The matter was heard by the Fair Work Commission (FWC), which has jurisdiction over enterprise agreements and industrial disputes in Australia.

The key legal issue before the FWC was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 (Cth). The FWC had to consider if the agreement contained all the necessary minimum terms and conditions, including the minimum wages and entitlements, and if it was fairly negotiated. Another important issue was whether the agreement complied with the good faith bargaining requirements under the Act.

The FWC determined that the proposed enterprise agreement did comply with the necessary minimum terms and conditions and was fairly negotiated. The Commission found that both parties had engaged in good faith bargaining and that the agreement met the statutory requirements. Consequently, the FWC approved the Celtic Fire Services Pty Ltd Enterprise Agreement 2016-2020.

As a result of the FWC's decision, the Celtic Fire Services Pty Ltd Enterprise Agreement 2016-2020 was approved and could be implemented. The agreement would govern the terms and conditions of employment for the employees of Celtic Fire Services Pty Ltd for the specified period. The approval ensured that the agreement was legally binding and enforceable, providing a stable framework for the employer-employee relationship.

Celtic 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