DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Extinguish Fire Pty Ltd
(AG2017/1590)

EXTINGUISH FIRE PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER ROE	MELBOURNE, 16 MAY 2017

Application for approval of the Extinguish Fire Pty Ltd Sprinkler Fitters Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Extinguish Fire Pty Ltd Sprinkler Fitters Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Extinguish Fire 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 16 May 2017 and, in accordance with s.54, will operate from 23 May 2017. The nominal expiry date of the Agreement is 20 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Extinguish Fire Pty Ltd, sought approval for the Extinguish Fire Pty Ltd Sprinkler Fitters Enterprise Agreement 2017. The dispute involved the terms of the proposed agreement, which was intended to govern the employment of sprinkler fitters within the company. The matter was heard in the Fair Work Commission, an industrial relations tribunal with the authority to approve enterprise agreements.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly if it was free from prohibited content and if it provided a safety net for employees. The Commission also needed to consider whether the agreement was fairly negotiated and if it provided for proper dispute resolution mechanisms. Furthermore, the Commission had to determine if the agreement would have a genuine effect in promoting harmonious, productive, and cooperative workplace relations.

In assessing the agreement, the Commission examined the terms and conditions proposed by Extinguish Fire Pty Ltd. It found that the agreement was free from prohibited content, provided a safety net for employees, and was fairly negotiated. The Commission determined that the agreement contained appropriate dispute resolution mechanisms and that it would have a genuine effect in promoting cooperative workplace relations. Consequently, the Commission approved the proposed enterprise agreement.

Extinguish Fire 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