DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diverse Fire Group Pty Ltd
(AG2017/3704)

DIVERSE FIRE GROUP SPRINKLER FITTER ENTERPRISE AGREEMENT 2017 - 2020

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 4 DECEMBER 2017

Application for approval of the Diverse Fire Group Sprinkler Fitter Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Diverse Fire Group Sprinkler Fitter Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diverse Fire Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Diverse Fire Group Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Diverse Fire Group Sprinkler Fitter Enterprise Agreement 2017-2020. The applicant sought to have the agreement, which was made between the company and the Australian Manufacturing Workers' Union, recognised as a registered agreement under the Fair Work Act 2009. The union argued that the agreement was made in good faith and that it provided fair and reasonable terms for the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, whether it provided for the full protection of employees, and whether it included provisions for the determination of wages and other conditions of employment. The Commission also had to ensure that the agreement did not discriminate against any particular group of employees or contravene any other provisions of the Act.

After hearing submissions from both parties, the Commission found that the agreement met the criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms for the employees, including provisions for the determination of wages and other conditions of employment. The Commission also found that the agreement was made in good faith and did not discriminate against any particular group of employees. The Commission approved the agreement, which will now be registered under the Fair Work Act.

The Fair Work Commission approved the Diverse Fire Group Sprinkler Fitter Enterprise Agreement 2017-2020, finding that it met the criteria for approval under the Fair Work Act. The agreement provides for fair and reasonable terms for the employees and was made in good faith. The Commission's decision ensures that the employees will have their rights and conditions of employment protected under the registered agreement.

Diverse Fire Group 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