Flick Anticimex Pty Ltd T/A Flick

[2013] FWCA 9610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flick Anticimex Pty Ltd T/A Flick
(AG2013/11510)

FLICK PEST CONTROL ENTERPRISE AGREEMENT 2013

Building services
COMMISSIONER GREGORY	MELBOURNE, 6 DECEMBER 2013

Application for approval of the Flick Pest Control Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Flick Pest Control Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flick Anticimex Pty Ltd T/A Flick. The agreement is a single-enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 13 November 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Flick Anticimex Pty Ltd, trading as Flick, which applied to the Fair Work Commission for approval of the Flick Pest Control Enterprise Agreement 2013. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, as a single interest employer agreement. The Commission was required to determine whether the agreement met the requirements of the Act for approval.

The primary legal issue before the Commission was whether the agreement was a "single interest employer agreement" as defined in the Act. The definition required that the agreement cover employees of a single employer who are employed in a single enterprise, and that the employer be a single interest employer. The Commission had to consider the evidence and submissions on whether Flick Anticimex Pty Ltd met these criteria. Another issue was whether the agreement met the "better off overall test" under section 233 of the Act, which requires that the terms and conditions of the agreement be at least as favourable to the employees as those provided for in the relevant award or safety net award.

The Commission found that Flick Anticimex Pty Ltd was a single interest employer, and that the agreement covered employees employed in a single enterprise. The Commission also determined that the agreement met the better off overall test. The Commission considered that the agreement provided for a fair and reasonable outcome for the employees, taking into account the nature of the enterprise and the interests of both the employer and the employees. The Commission approved the agreement, and it is now registered with the Fair Work Commission.

The Commission made an order approving the Flick Pest Control Enterprise Agreement 2013, and it is registered with the Fair Work Commission. The order is effective from the date of registration, and it applies to all employees covered by the agreement. The employer and the employees are bound by the terms and conditions of the agreement, and any disputes arising from the agreement must be resolved in accordance with the procedures set out in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established