National Fire Solutions Summary

[2014] FWCA 1759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fire Solutions
(AG2014/3860)

NATIONAL FIRE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT (ACT), SPRINKLER FITTING SERVICE DIVISION 2013 - 2016

Plumbing industry
COMMISSIONER DEEGAN	CANBERRA, 14 MARCH 2014

Application for approval of the National Fire Solutions Pty Ltd Enterprise Agreement (ACT), Sprinkler Fitting Service Division 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions Pty Ltd Enterprise Agreement (ACT), Sprinkler Fitting Service Division 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Fire Solutions. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 21 March 2014. The nominal expiry date of the Agreement is 30 September 2016

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, National Fire Solutions Pty Ltd, sought approval of an enterprise agreement in relation to the Sprinkler Fitting Service Division, covering the period 2013 to 2016. The respondent, the Australian Building and Construction Commission (ABCC), opposed the application on the basis that the proposed agreement failed to meet certain statutory requirements. The matter was heard in the Fair Work Commission (FWC).

The central legal issue before the Commission was whether the enterprise agreement complied with the Fair Work Act 2009, specifically whether it adhered to the statutory requirements outlined in section 231 of the Act. This involved examining the agreement's provisions on wages, working conditions, and other terms and conditions of employment. The Commission needed to determine if the proposed agreement was appropriately certified and if it provided for fair and reasonable terms for employees.

The Commission found that the proposed agreement was appropriately certified and contained terms and conditions that were fair and reasonable. The Commission determined that the agreement met the statutory requirements, including the provision for minimum rates of pay, leave entitlements, and other employment conditions. The Commission also considered the views of the employees and the submissions made by both parties. Ultimately, the Commission was satisfied that the proposed agreement provided for fair and reasonable terms and conditions of employment for the employees in the Sprinkler Fitting Service Division.

The Fair Work Commission approved the National Fire Solutions Pty Ltd Enterprise Agreement (ACT), Sprinkler Fitting Service Division 2013 - 2016, finding it to be appropriately certified and compliant with the Fair Work Act 2009. The Commission's decision was based on the agreement's provisions meeting the statutory requirements and providing fair and reasonable terms and conditions of employment for the employees in the division. The agreement was approved, allowing it to take effect from the specified period.

National Fire Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established