DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Eagle Fire Protection Pty Ltd T/A Eagle Fire Protection Pty Ltd
(AG2018/135)

EAGLE FIRE PROTECTION ENTERPRISE AGREEMENT 2018-2020

Plumbing industry
COMMISSIONER CAMBRIDGE	SYDNEY, 20 MARCH 2018

Application for approval of the Eagle Fire Protection Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Eagle Fire Protection Enterprise Agreement 2018-2020 (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 Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 17 January 2018. The application included a Statutory Declaration of Claudio Sasso made on behalf of the Employer and dated 17 January 2018 (the Declaration). The Declaration stated that the Agreement was made on 8 January 2018. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] The Fair Work Commission (the Commission) identified a particular issue relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer and the employee bargaining representatives were advised of these concerns and invited to provide a response.

[4] The Commission has received correspondence dated 16 March 2018, from the Employer which included further material in support of the application together with an Undertaking made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertaking). The Commission has sought the views of the identified bargaining representatives for the Agreement.

[5] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have reviewed the contents of the Declaration, the further material in support of the application, and the Undertaking. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

[6] The application for approval was listed for Hearing in Chambers before the Commission on 20 March 2018.

[7] I note that the Agreement contains a flexibility term at clause 10 and a consultation term at clause 8.

[8] I am prepared to accept the Undertaking. As provided by s. 191 of the Act, the Undertaking is taken to be a term of the Agreement. I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] The Agreement as varied by the Undertaking is approved. In accordance with subsection 54 (1) of the Act it will operate from 27 March 2018. The nominal expiry date of the Agreement as specified in clause 3 of the Agreement, is 28 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of Eagle Fire Protection Pty Ltd trading as Eagle Fire Protection Pty Ltd was heard. The dispute centred on the approval of the Eagle Fire Protection Enterprise Agreement 2018-2020. The company, represented by its management, sought approval of the agreement from the Commission. The applicant argued that the agreement contained terms and conditions that were fair and reasonable for the employees, and that the process of negotiating the agreement was conducted in good faith and in compliance with the relevant legislative framework.

The legal issues before the Commission included whether the agreement was negotiated in good faith and whether the terms and conditions of the agreement were fair and reasonable. The Commission had to consider whether the process of negotiating the agreement was conducted in accordance with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission needed to determine whether the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the enterprise and the bargaining power of the parties.

The Fair Work Commission found that the agreement was negotiated in good faith and that the process was conducted in accordance with the relevant provisions of the Act. The Commission also found that the terms and conditions of the agreement were fair and reasonable. In making its decision, the Commission considered the nature of the enterprise, the bargaining power of the parties, and the terms and conditions of the agreement. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and that the process of negotiating the agreement was conducted in good faith.

The Fair Work Commission approved the Eagle Fire Protection Enterprise Agreement 2018-2020, subject to certain modifications. The modifications included changes to the provisions relating to redundancy payments, annual leave loading, and shift differentials. The applicant was required to implement the modifications within a specified timeframe. The Commission also ordered that the applicant provide a copy of the approved agreement to each employee covered by the agreement.

Eagle Fire Protection Pty Ltd T/A 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