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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Fire and Safety Tasmania Pty Ltd as Trustee for the Willis Family Trust trading as Fire and Safety Tasmania, applied to the Fair Work Commission for approval of the Fire & Safety Tasmania Pty Ltd Collective Agreement 2016. The respondents were the Electrical Trades Union of Australia and the Association of Professional Engineers, Scientists and Managers Australia. The dispute centred on the terms of the proposed collective agreement, particularly concerning the classification of certain employees and the associated pay rates. The applicants sought to have the agreement approved as a Registered Agreement under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the proposed agreement complied with the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was appropriately negotiated. The Commission also had to consider whether the agreement was in the best interests of the employees and if it was fair and reasonable in all its circumstances. Furthermore, the Commission had to assess whether the agreement would result in unfair detriment to any employee, contrary to the principles of the Act.

In its reasoning, the Commission found that the proposed agreement contained terms that were fair and reasonable. It noted that the agreement had been negotiated in good faith and that it provided for appropriate classification and pay rates for the employees. The Commission concluded that the agreement was in the best interests of the employees and did not result in any unfair detriment. Consequently, the application for approval of the agreement was granted. The Commission's decision was made under section 234 of the Fair Work Act 2009.

The orders made by the Commission included the approval of the Fire & Safety Tasmania Pty Ltd Collective Agreement 2016 as a Registered Agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would apply to the employees covered by the agreement. The respondents were required to take all necessary steps to give effect to the approved agreement. The applicants were also directed to provide the Commission with a copy of the registered agreement within 14 days of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established