Fire and Safety Tasmania Pty Ltd as Trustee for the Willis Family Trust T/A Fire and Safety Tasmania

[2016] FWCA 8526

[2016] FWCA 8526

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fire and Safety Tasmania Pty Ltd as Trustee for the Willis Family Trust T/A Fire and Safety Tasmania
(AG2016/6101)

FIRE & SAFETY TASMANIA PTY LTD COLLECTIVE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Fire & Safety Tasmania Pty Ltd Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fire & Safety Tasmania Pty Ltd Collective 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 Fire and Safety Tasmania Pty Ltd as Trustee for the Willis Family Trust T/A Fire and Safety Tasmania. 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement was approved on 29 November 2016 and, in accordance with s.54, will operate from 6 December 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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Annexure A