DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eagle Fire Protection Pty Ltd
(AG2021/3992)

EAGLE FIRE PROTECTION ENTERPRISE AGREEMENT 2020-2024

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 4 MARCH 2021

Application for approval of the Eagle Fire Protection Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Eagle Fire Protection Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eagle Fire Protection 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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CaseChat Overview and Summary

Eagle Fire Protection Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Eagle Fire Protection Enterprise Agreement 2020-2024. The application was brought by the company, which sought to implement the agreement as a basis for employment with its workforce. The dispute centred on the fairness and compliance of the proposed agreement with the relevant industrial laws.

The legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether the agreement had been genuinely bargained for by both parties. Specifically, the Commission had to assess if the agreement met the "better off overall test" and whether the terms were procedurally fair and substantively fair. Additionally, the Commission needed to consider whether the agreement was made in good faith and if the process of negotiation was appropriate.

The Fair Work Commission found that the proposed agreement did comply with the statutory requirements. The Commission determined that the agreement had been genuinely negotiated and that the process met the procedural fairness criteria. The terms of the agreement were deemed to meet the better off overall test, and the Commission concluded that the agreement was both procedurally and substantively fair. Consequently, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act 2009.

Eagle Fire Protection 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