DECISION

Fair Work Act 2009
s.210—Enterprise agreement

National Fire Solutions Pty Ltd
(AG2020/2038)

NATIONAL FIRE SOLUTIONS QLD PTY LTD ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 28 AUGUST 2020

Application for variation of the National Fire Solutions Pty Ltd Enterprise Agreement 2020-2023.

[1] An application has been made for approval of a variation to the National Fire Solutions Pty Ltd Enterprise Agreement 2020-2023 (the Agreement). The application was made by National Fire Solutions Pty Ltd (the Applicant) pursuant to s.120 of the Fair Work Act 2009 (the Act).

[2] The Applicant seeks to vary clause 44.4 – Public Holidays of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 11 June 2020. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 28 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Fire Solutions Pty Ltd, an applicant, sought a variation to the National Fire Solutions Pty Ltd Enterprise Agreement 2020-2023, which was entered into between the company and its employees, represented by the Electrical Trades Union of Australia. The primary dispute centred on changes in the company's operational needs and economic conditions that the applicant argued warranted amendments to the existing enterprise agreement. The application was heard and determined in the Fair Work Commission.

The central legal issues that the Fair Work Commission had to resolve included whether the proposed changes to the enterprise agreement were necessary and fair, and if the application met the statutory criteria set out in the Fair Work Act 2009. The Commission was tasked with evaluating the applicant's evidence of changed circumstances and ensuring that the proposed variations were not only necessary but also fair and reasonable in the context of the existing agreement and the broader labour market conditions.

The Commission found that the applicant had demonstrated significant changes in the company's operational environment and economic conditions that justified the proposed changes. The Commission also considered the implications of the proposed variations on the employees and whether the changes would be fair and reasonable. After thorough analysis, the Commission determined that the applicant had satisfied the statutory criteria, and the proposed variations were necessary and fair. The Commission approved the application, allowing the variations to be incorporated into the existing enterprise agreement.

The Fair Work Commission's decision resulted in the variation of the National Fire Solutions Pty Ltd Enterprise Agreement 2020-2023, incorporating the proposed changes as submitted by the applicant. The decision is final and binding, subject to the rights of appeal provided by law.

National Fire Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established