Fire Stopping Pty Ltd

[2013] FWCA 3934

FAIR WORK COMMISSION

DECISION

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

Fire Stopping Pty Ltd
(AG2013/1487)

FIRE STOPPING PTY LIMITED ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 21 JUNE 2013

Application for approval of the Fire Stopping Pty Limited Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Fire Stopping Pty Limited Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Fire Stopping Pty Limited (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. .

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 28 June 2017.

COMMISSIONER

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In the Fair Work Commission, Fire Stopping Pty Ltd applied for approval of the Fire Stopping Pty Limited Enterprise Agreement 2013-2017. The applicant, a small business with employees covered by the Electrical and Plumbing Award 2010, sought to implement an enterprise agreement which deviated from the award's provisions in several respects, including wage rates, hours of work, and the definition of "hours worked". The dispute centred on whether the proposed agreement complied with the relevant statutory requirements and whether it provided for fair and reasonable terms and conditions of employment.

The Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for terms and conditions that were no less favourable than the applicable award or registered agreement, and whether it had been made in good faith and without coercion. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the business, the employees' roles, and the bargaining positions of the parties.

After considering the submissions and evidence presented by both parties, the Commission found that the agreement was made in good faith and without coercion. The Commission also determined that the agreement provided for terms and conditions that were no less favourable than the applicable award and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain conditions, including the requirement that the applicant provide written notice to employees of the agreement's approval and the right of employees to opt out of the agreement within a specified period.

The Commission's decision was based on a detailed analysis of the evidence and submissions presented by both parties. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions for the employees, taking into account the nature of the business and the bargaining positions of the parties. The Commission also noted that the agreement provided for a number of benefits for employees, including higher wage rates and more flexible working arrangements. The Commission's approval of the agreement provides certainty for both the applicant and its employees, and ensures that the agreement provides for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established