DECISION

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

IProtect Group Pty Ltd T/A Extreme Fire Solutions
(AG2021/4752)

EXTREME FIRE SOLUTIONS NSW ENTERPRISE AGREEMENT 2021 TO 2024

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 20 MAY 2021

Application for approval of the Extreme Fire Solutions NSW Enterprise Agreement 2021 to 2024.

[1] An application has been made for approval of an enterprise agreement known as the Extreme Fire Solutions NSW Enterprise Agreement 2021 to 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by IProtect Group Pty Ltd T/A Extreme Fire Solutions (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IProtect Group Pty Ltd T/A Extreme Fire Solutions sought approval of the Extreme Fire Solutions NSW Enterprise Agreement 2021 to 2024. The application was heard by the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including issues related to wages, working hours, and other employment benefits.

The court was tasked with determining whether the agreement met the requirements of the Fair Work Act, particularly the "better off overall test" which mandates that employees must be no worse off financially under the new agreement. Additionally, the court had to assess whether the agreement contained provisions that were contrary to public policy or could potentially harm the employees. The primary concern was whether the agreement provided fair and equitable terms for the employees, considering the balance between the rights and interests of both the employer and the employees.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, examined the content of the proposed agreement, and evaluated the potential impact on the employees. The Commission found that the agreement met the better off overall test and did not contravene any public policy considerations. The Commission concluded that the agreement provided fair and equitable terms for the employees, and therefore approved the Extreme Fire Solutions NSW Enterprise Agreement 2021 to 2024.

The Fair Work Commission approved the Extreme Fire Solutions NSW Enterprise Agreement 2021 to 2024, effective from the date of the decision. The approval ensures that the terms and conditions of employment outlined in the agreement are legally binding for the specified period. The decision provides certainty and stability for both the employer and employees, allowing them to operate under the agreed terms while ensuring that the employees are protected under the Fair Work Act.

IProtect Group Pty Ltd T/A Extreme Fire Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established