DECISION

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

Fire and Safety Australia Pty Ltd
(AG2020/2759)

FIRE & SAFETY AUSTRALIA (WHEATSTONE) ENTERPRISE AGREEMENT 2020

Fire fighting services
COMMISSIONER CIRKOVIC	MELBOURNE, 6 OCTOBER 2020

Application for approval of the Fire & Safety Australia (Wheatstone) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Fire & Safety Australia (Wheatstone) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fire and 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. 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 Australian Workers’ Union, 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] I observe that clause 17 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 6 October 2020 and, in accordance with s.54, will operate from 13 October 2020. The nominal expiry date of the Agreement is 6 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fire and Safety Australia Pty Ltd sought approval of a proposed enterprise agreement with its employees, specifically those working at the Wheatstone facility. The application for the approval of the Fire & Safety Australia (Wheatstone) Enterprise Agreement 2020 was contested by the Australian Workers' Union, which argued that certain provisions of the agreement were not fair and did not meet the requirements of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and if it was fair and reasonable in all its terms.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement was a genuine enterprise agreement, contained the required minimum terms and conditions, and was fair and reasonable. The Commission needed to consider the provisions of the agreement in light of the relevant legislative requirements and any applicable awards or other agreements that might have a bearing on the matter.

The Commission determined that the proposed agreement was a genuine enterprise agreement and contained the necessary minimum terms and conditions. The Commission found that the agreement was fair and reasonable in all its terms, taking into account the need to balance the interests of both the employer and the employees. The Commission noted that the agreement provided for a reasonable level of job security, appropriate wage increases, and other benefits that were considered fair and reasonable. The Commission was satisfied that the agreement met the legislative requirements and approved the Fire & Safety Australia (Wheatstone) Enterprise Agreement 2020.

Fire and Safety Australia 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