DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nofire Pty Ltd T/A Fyreguard
(AG2015/4369)

NOFIRE PTY LTD T/A FYREGUARD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 27 AUGUST 2015

Application for approval of the Nofire Pty Ltd T/A Fyreguard Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nofire Pty Ltd T/A Fyreguard Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nofire Pty Ltd T/A Fyreguard. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Agreement was approved on 27 August 2015 and, in accordance with s.54, will operate from 3 September 2015. The nominal expiry date of the Agreement is 27 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Nofire Pty Ltd trading as Fyreguard, sought approval of the Nofire Pty Ltd T/A Fyreguard Enterprise Agreement 2018. The applicant is an employer in the security services industry, and the respondent, the Security, Protective Services and Investigations Employees Union, is a registered trade union representing employees within the industry. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the relevant provisions of the Act and whether it contained the minimum terms and conditions mandated by the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been made genuinely and without coercion, if it covered all employees intended to be covered, and if it met the minimum standards prescribed by the relevant award.

The Commission found that the agreement had been made in good faith and without coercion. It was determined that the agreement covered all intended employees and provided for the minimum terms and conditions as required by the Act. The Commission approved the agreement, highlighting the importance of genuine bargaining and the provision of fair and reasonable terms for both employers and employees. The final orders included the approval of the enterprise agreement, with the specified conditions and terms to be binding on the parties involved.

Nofire Pty Ltd T/A Fyreguard

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established