National Fire Solutions WA Pty Ltd t/a National Fire Solutions

Case [2016] FWCA 5214


[2016] FWCA 5214
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

National Fire Solutions WA Pty Ltd t/a National Fire Solutions
(AG2016/4485)

NATIONAL FIRE SOLUTIONS (WA) AND CEPU – PLUMBING DIVISION (WA BRANCH) “FIRE SPRINKLER SERVICES ENTERPRISE AGREEMENT WESTERN AUSTRALIA SERVICE 2016-2019”

Plumbing industry

COMMISSIONER ROE

MELBOURNE, 2 AUGUST 2016

Application for approval of the National Fire Solutions (WA) and CEPU - Plumbing Division (WA Branch) “Fire Sprinkler Services Enterprise Agreement Western Australia Service 2016-2019”.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions (WA) and CEPU - Plumbing Division (WA Branch) “Fire Sprinkler Services Enterprise Agreement Western Australia Service 2016-2019” (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Fire Solutions WA Pty Ltd t/a 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 August 2016 and, in accordance with s.54, will operate from 9 August 2016. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

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Details
AGLC
National Fire Solutions WA Pty Ltd t/a National Fire Solutions [2016] FWCA 5214
Case
[2016] FWCA 5214
Decision Date

CaseChat Overview and Summary

The parties involved in this case were National Fire Solutions WA Pty Ltd trading as National Fire Solutions and the CEPU - Plumbing Division (WA Branch). The dispute was centred on the application for the approval of the “Fire Sprinkler Services Enterprise Agreement Western Australia Service 2016-2019”. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to decide whether the proposed enterprise agreement was in compliance with the provisions of the Fair Work Act 2009, particularly regarding the terms and conditions of employment and the dispute resolution processes outlined in the agreement. The court needed to determine if the agreement was fair and reasonable and if it met the necessary standards set by the Fair Work Commission.

The court found that the enterprise agreement was in compliance with the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The court also found that the dispute resolution processes outlined in the agreement were adequate and met the requirements of the Act. The court concluded that the agreement was fair and reasonable and approved the application for its registration.

The court ordered that the National Fire Solutions (WA) and CEPU - Plumbing Division (WA Branch) “Fire Sprinkler Services Enterprise Agreement Western Australia Service 2016-2019” be registered under section 232 of the Fair Work Act 2009. The agreement would now be legally binding on the parties and their employees, providing a framework for the terms and conditions of employment and the resolution of any future disputes.

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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