DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Extreme Industries Pty Ltd T/A Extreme Fire Solutions
(AG2016/4051)

EXTREME FIRE SOLUTIONS SPRINKLER FITTERS ENTERPRISE AGREEMENT 2016

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 20 SEPTEMBER 2016

Application for approval of the Extreme Fire Solutions Sprinkler Fitters Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Extreme Fire Solutions Sprinkler Fitters Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 20 September 2016 and, in accordance with s.54, will operate from 27 September 2016. The nominal expiry date of the Agreement is 20 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Extreme Industries Pty Ltd, trading as Extreme Fire Solutions, applied for the approval of the Extreme Fire Solutions Sprinkler Fitters Enterprise Agreement 2016 under the Fair Work Act 2009. The application was brought before the Fair Work Commission, presided over by Commissioner D.A. Williams, with the parties being represented by their respective legal counsel.

The legal issues central to this case revolved around whether the agreement in question complied with the requirements of the Fair Work Act, particularly concerning the bargaining process and the provisions within the agreement itself. The central concern was whether the agreement had been made in good faith and whether it contained minimum terms and conditions that complied with the statutory minimum standards.

Commissioner Williams examined the evidence presented regarding the bargaining process, the nature of the agreement, and the specific terms contained within it. The Commissioner found that the agreement had been made in good faith, with a fair and transparent negotiation process that involved the input of both parties. Additionally, the terms of the agreement were found to be compliant with the statutory minimum standards set out in the Fair Work Act. Consequently, the Commissioner determined that the agreement met the necessary criteria for approval.

As a result, the Fair Work Commission approved the Extreme Fire Solutions Sprinkler Fitters Enterprise Agreement 2016, confirming its validity and applicability. This decision was grounded in the evidence of a fair and transparent negotiation process and the compliance of the agreement's terms with the statutory minimum standards.

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