Credible Fire Pty Limited

[2024] FWCA 1528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Credible Fire Pty Limited

(AG2024/892)

CREDIBLE FIRE PLY LIMITED SERVICE AND INSTALLATION ENTERPRISE AGREEMENT 2024

Plumbing industry
COMMISSIONER MCKINNON	SYDNEY, 29 APRIL 2024

Application for approval of the Credible Fire Pty Limited Service and Installation Enterprise Agreement 2024

Credible Fire Pty Limited has applied for approval of a single enterprise agreement known as the Credible Fire Pty Limited Service and Installation Enterprise Agreement 2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 6 May 2024. The nominal expiry date of the Agreement is 29 April 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Credible Fire Pty Limited involved an application for the approval of the Credible Fire Pty Limited Service and Installation Enterprise Agreement 2024. The applicant, Credible Fire Pty Limited, sought the approval of this enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the requirements for approval as a simple, single-enterprise agreement, ensuring it provided fair and reasonable terms for the employees.

The legal issues before the court were primarily whether the agreement provided fair and reasonable terms to the employees, as mandated by the Fair Work Act 2009. This included assessing the terms and conditions set out in the agreement, ensuring they met the minimum standards prescribed by the Act and were fair and reasonable in all aspects. The court also needed to determine if the agreement was made in good faith and if the process followed to develop the agreement was appropriate and transparent.

In reaching its decision, the court considered the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court examined the agreement's compliance with the minimum terms and conditions and assessed whether it provided for fair and reasonable terms for the employees. The court also reviewed the process undertaken by the employer to develop the agreement, ensuring it was made in good faith and that all necessary steps were followed. Based on this review, the court found that the agreement met the necessary criteria and approved the Credible Fire Pty Limited Service and Installation Enterprise Agreement 2024.

The final orders of the court approved the Credible Fire Pty Limited Service and Installation Enterprise Agreement 2024, recognising it as a simple, single-enterprise agreement. The agreement was deemed to provide fair and reasonable terms for the employees and to comply with the requirements of the Fair Work Act 2009. This approval enabled the agreement to be registered and enforced, providing certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established