Flick Anticimex

[2022] FWCA 1707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flick Anticimex

(AG2022/1284)

Flick Pest Control Enterprise Agreement 2022

Industries not otherwise assigned
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MAY 2022

Application for approval of the Flick Pest Control Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Flick Pest Control Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 May 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flick Anticimex (ACN 118 294 047) sought approval for the Flick Pest Control Enterprise Agreement 2022 under section 232 of the Fair Work Act 2009. The dispute involved the Fair Work Commission's consideration of the application, with objections raised by the National Tertiary Education Union (NTUE). The matter was heard in the Fair Work Commission, presided over by Deputy President K J W Moyle.

The primary legal issue before the commission was whether the agreement met the requirements of the Fair Work Act, including the provisions for minimum terms and conditions, and whether it was appropriately registered. The NTUE's objections centred on certain clauses within the agreement that they argued did not comply with the Act's requirements. The commission had to determine if the agreement should be approved as a certified agreement and registered.

In its decision, the commission considered the evidence presented and the submissions made by both parties. It found that while there were some minor issues with the agreement, they did not prevent the agreement from meeting the requirements of the Act. The commission was satisfied that the agreement contained all the prescribed minimum terms and conditions, and that it was appropriately registered. The objections raised by the NTUE were not sufficient to prevent the approval of the agreement. Consequently, the commission approved the Flick Pest Control Enterprise Agreement 2022 as a certified agreement.

The final orders of the commission were that the Flick Pest Control Enterprise Agreement 2022 be approved as a certified agreement and registered under section 232 of the Fair Work Act 2009. This decision allows the agreement to take effect and govern the employment terms of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established