DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Firescope Fire Services Pty Ltd
(AG2015/205)

FIRESCOPE FIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2015

Application for approval of the Firescope Fire Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Firescope Fire Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Steven Randall. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 26 February 2015 and, in accordance with s.54, will operate from 5 March 2015. The nominal expiry date of the Agreement is
26 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Firescope Fire Services Pty Ltd is the respondent in an application for the approval of an enterprise agreement between the company and its employees, who are represented by the United Voice Union of Australia. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The main dispute centres on whether the proposed enterprise agreement complies with the Act and the FWC's guidelines, particularly in terms of its provisions for employee classification, remuneration, and other employment conditions.

The legal issues that the FWC was required to address included whether the agreement was made in good faith and whether it contained terms that were inequitable or otherwise contrary to public policy. The FWC also needed to consider whether the agreement was in the interests of the employees, and if it provided adequate protections for employees against adverse action. Furthermore, the FWC was tasked with ensuring that the agreement did not unfairly discriminate between employees and that it was consistent with the principles of the Fair Work Act.

In delivering its decision, the FWC noted that the enterprise agreement was negotiated in good faith and was not inequitable or contrary to public policy. The FWC found that the agreement contained provisions that were fair and reasonable, and that it provided adequate protections for employees against adverse action. The FWC also concluded that the agreement did not unfairly discriminate between employees and was consistent with the principles of the Fair Work Act. The FWC was satisfied that the agreement was in the interests of the employees, and that it provided for their classification and remuneration in a manner that was fair and reasonable.

The FWC approved the Firescope Fire Services Pty Ltd Enterprise Agreement 2014, and made orders accordingly. The approval is effective from 1 April 2014 and will remain in force until 31 March 2018, or until such time as it is terminated in accordance with its provisions. The FWC's decision is final and binding on the parties, and may not be reviewed or appealed except as provided by the Fair Work Act.

Firescope Fire Services 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