DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fire and Safety Australia
(AG2015/3171)

FIRE & SAFETY AUSTRALIA (WHEATSTONE) EMPLOYEE COLLECTIVE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 JULY 2015

Application for approval of the Fire & Safety Australia (Wheatstone) Employee Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fire & Safety Australia (Wheatstone) Employee Collective 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 Fire & Safety Australia 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.

[3] The Agreement was approved on 3 July 2015 and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were the Fair Work Commission (FWC) and Fire and Safety Australia (FSA). The dispute was regarding the approval of the Fire & Safety Australia (Wheatstone) Employee Collective Enterprise Agreement 2015. The matter was heard by the Full Bench of the FWC.

The primary legal issue before the court was whether the agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide for a procedure for the resolution of disputes between the parties. The FWC needed to determine if the agreement's dispute resolution clause was fair and reasonable and whether it complied with the Act.

The Full Bench held that the dispute resolution clause in the agreement was fair and reasonable and complied with the requirements of the Act. The clause provided for a two-step dispute resolution process, starting with an internal investigation and then moving to external mediation, and finally to arbitration if necessary. The FWC found that this process was sufficient to meet the requirements of the Act and that the clause was not unfair or unreasonable. Consequently, the court approved the agreement.

The Full Bench of the Fair Work Commission approved the Fire & Safety Australia (Wheatstone) Employee Collective Enterprise Agreement 2015, finding the dispute resolution clause to be fair and reasonable and compliant with the requirements of the Fair Work Act 2009.

Fire and Safety Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established