Elite Fire Protection Services

[2014] FWCA 3651

FAIR WORK COMMISSION

DECISION

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

Elite Fire Protection Services
(AG2014/6163)

ELITE FIRE PROTECTION SERVICES COLLECTIVE AGREEMENT, SPRINKLER FITTER/FIRE PROTECTION 2014 - 2016

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 JUNE 2014

Application for approval of the ELITE FIRE PROTECTION SERVICES COLLECTIVE AGREEMENT, SPRINKLER FITTER/FIRE PROTECTION 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the ELITE FIRE PROTECTION SERVICES COLLECTIVE AGREEMENT, SPRINKLER FITTER/FIRE PROTECTION 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 9 June 2016. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in the Fair Work Commission involved Elite Fire Protection Services and related to the application for approval of the ELITE FIRE PROTECTION SERVICES COLLECTIVE AGREEMENT, SPRINKLER FITTER/FIRE PROTECTION 2014 - 2016. The primary dispute was whether the agreement met the legal standards required for its approval under the Fair Work Act 2009. This involved scrutinising the agreement to ensure it complied with the provisions governing the terms and conditions of employment.

The legal issues before the Commission centred on whether the agreement contained provisions that were in accordance with the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement provided for the fair and reasonable terms and conditions of employment and whether it complied with the process for its approval as mandated by the Act. The Commission had to ensure that the agreement did not undermine the minimum standards set by the National Employment Standards and other relevant awards and agreements.

In examining the agreement, the Commission assessed whether it met the criteria for approval, including whether it provided for fair and reasonable terms and conditions. The Commission found that the agreement contained provisions that aligned with the legal requirements and did not undermine the minimum standards. The agreement was found to provide for fair and reasonable terms and conditions, and the process for its approval was deemed to be compliant with the statutory requirements. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The final order of the Commission was the approval of the ELITE FIRE PROTECTION SERVICES COLLECTIVE AGREEMENT, SPRINKLER FITTER/FIRE PROTECTION 2014 - 2016. This decision confirmed that the agreement met the necessary legal standards and could be enforced as a binding agreement between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established