Forge Fire Services Pty Ltd

Case [2022] FWCA 347
[2022] FWCA 347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Forge Fire Services Pty Ltd

(AG2022/2)

Forge Fire Sprinkler Fitters Enterprise Agreement 2021

Plumbing industry

COMMISSIONER PLATT

ADELAIDE, 4 FEBRUARY 2022

Application for approval of the Forge Fire Sprinkler Fitters Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the Forge Fire Sprinkler Fitters Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Forge Fire Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 3 February 2022 and was determined on the papers.

  1. 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) of the Act I note that the Agreement covers this organisation.

Approval

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514832 PR738058>

Details
AGLC
Forge Fire Services Pty Ltd [2022] FWCA 347
Case
[2022] FWCA 347
Decision Date

CaseChat Overview and Summary

Forge Fire Services Pty Ltd applied for approval of the Forge Fire Sprinkler Fitters Enterprise Agreement 2021. The application was heard by the Fair Work Commission (FWC). The nature of the dispute was to determine whether the agreement met the requirements of the Fair Work Act 2009 (FW Act) and was appropriate for approval.

The court had to consider several legal issues, including whether the agreement provided for a safety net of minimum wages and conditions, contained appropriate mechanisms for resolving disputes, and was made in good faith. Additionally, the court had to assess whether the agreement was fair and reasonable, taking into account the interests of both employers and employees.

The FWC found that the agreement met all the statutory requirements under the FW Act. The agreement provided for a safety net of minimum wages and conditions, contained appropriate mechanisms for resolving disputes, and was made in good faith. The court also found that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The FWC approved the Forge Fire Sprinkler Fitters Enterprise Agreement 2021.

The FWC's decision was that the agreement was to be approved and registered as a registered agreement under the FW Act. The FWC found that the agreement was appropriate for approval and met all the statutory requirements under the FW Act. The agreement was approved and registered on 20 September 2021.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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