DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Extreme Industries Pty Ltd T/A Extreme Fire Solutions
(AG2015/5068)

EXTREME FIRE SOLUTIONS ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 8 OCTOBER 2015

Application for approval of the Extreme Fire Solutions Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Extreme Fire Solutions Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Extreme Industries Pty Ltd T/A Extreme Fire Solutions. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Extreme Industries Pty Ltd, trading as Extreme Fire Solutions, applied to the Fair Work Commission for approval of the Extreme Fire Solutions Enterprise Agreement 2015. The applicant and the respondent, the Australian Manufacturing Workers' Union, were parties to the agreement, which sought to set the terms and conditions of employment for certain employees within Extreme Industries' business. The application was made under the Fair Work Act 2009, which mandates that an enterprise agreement must meet specific criteria, including being free from prohibited content and meeting the "better off overall test."

The central legal issue before the Commission was whether the agreement fulfilled the legislative requirements for approval. This involved scrutiny of the agreement's content to ensure it did not include any prohibited matters, and an assessment of whether the agreement would leave the employees better off overall than the applicable award or safety net award. Additionally, the Commission had to consider whether the agreement adhered to procedural requirements, such as proper consultation and negotiation processes.

The Commission found that the agreement did not contain any prohibited content and had been negotiated in good faith. It also determined that the agreement satisfied the "better off overall test" as it provided employees with terms and conditions that were at least as good as, and in some instances better than, those provided by the applicable award. The procedural fairness of the negotiation process was also upheld, confirming that all required steps had been taken. Consequently, the Commission approved the agreement under the Fair Work Act.

In light of the findings, the Fair Work Commission approved the Extreme Fire Solutions Enterprise Agreement 2015, allowing it to be registered and enforced as a binding enterprise agreement. The approval ensures that the agreement will govern the employment conditions of the affected employees, providing them with the terms and conditions outlined in the agreement.

Extreme Industries Pty Ltd T/A Extreme Fire Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established