DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DK Fire Protection Pty Ltd T/A DK Fire Protection
(AG2018/677)

DK FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 18 MAY 2018

Application for approval of the DK Fire Protection Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DK Fire Protection Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DK Fire Protection Pty Ltd T/A DK Fire Protection. 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2018. The nominal expiry date of the Agreement is 17 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DK Fire Protection Pty Ltd, trading as DK Fire Protection, applied to the Fair Work Commission for approval of the DK Fire Protection Pty Ltd Enterprise Agreement 2018. The application was made under section 233 of the Fair Work Act 2009. The agreement sought to govern the employment conditions of certain employees within the company.

The primary legal issue before the Commission was whether the agreement met the "better off overall test" as required by section 232 of the Fair Work Act. This test necessitates that employees be no worse off financially and at least as well off in terms of other conditions, compared to their previous conditions of employment. Additionally, the Commission needed to determine if the agreement complied with all relevant legislative provisions and did not include any terms that were contrary to public policy.

The Fair Work Commission carefully examined the provisions of the agreement against the statutory criteria. It found that the agreement did indeed meet the better off overall test, as it ensured employees were not worse off and were provided with improved conditions in certain areas. The Commission also confirmed that the agreement adhered to all relevant legislative provisions and did not include any terms that contravened public policy. Consequently, the application for approval was successful.

As a result of the Commission's decision, the DK Fire Protection Pty Ltd Enterprise Agreement 2018 was approved and registered, effective from the date of the decision. This registration legally binds the parties and governs the employment conditions of the relevant employees.

DK Fire Protection Pty Ltd T/A DK Fire Protection

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established