Deanmac Emergency Services Pty Ltd Summary

[2013] FWCA 2612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deanmac Emergency Services Pty Ltd
(AG2013/951)

DEANMAC FIRE PROTECTION & MAINTENANCE SERVICES AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 APRIL 2013

Application for approval of the Deanmac Fire Protection & Maintenance Services Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Deanmac Fire Protection & Maintenance Services Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deanmac Emergency 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement was approved on 30 April 2013 and, in accordance with s.54, will operate from 7 May 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Deanmac Emergency Services Pty Ltd, the applicant sought approval of the Deanmac Fire Protection & Maintenance Services Agreement 2013 from the Federal Circuit and Family Court of Australia. The dispute arose out of a contractual arrangement between Deanmac and its client, where Deanmac provided fire protection and maintenance services. The case revolved around whether the terms and conditions outlined in the agreement were fair and reasonable, in line with relevant consumer protection legislation.

The central legal issues before the court were whether the terms of the Deanmac Fire Protection & Maintenance Services Agreement 2013 were unconscionable or otherwise unfair within the meaning of the Australian Consumer Law. The court had to examine the clarity and transparency of the terms, the balance of rights and obligations, and whether the agreement was consistent with the provisions of the law designed to protect consumers.

The court found that the terms of the agreement were clear and transparent, with a fair balance of rights and obligations between the parties. The court considered that the agreement was not unconscionable and did not contravene the Australian Consumer Law. The court was satisfied that the agreement was a genuine and fair representation of the parties' intentions and that it was not oppressive or unfair to the client. The application for approval was granted, with the court finding that the agreement was fair and reasonable.

The court ordered that the Deanmac Fire Protection & Maintenance Services Agreement 2013 be approved, allowing the agreement to proceed as intended by the parties. The court emphasised the importance of clear and transparent contractual terms in ensuring fair dealings between businesses and consumers, and reinforced the need for ongoing vigilance in this regard.

Deanmac Emergency Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established