DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Neill & Brown Fire Services
(AG2015/3551)

O’NEILL AND BROWN FIRE SERVICES PTY LTD AND EMPLOYEES SPRINKLER SERVICES ENTERPRISE AGREEMENT 5 JUNE 2015 - 31 MAY 2018

Australian Capital Territory
COMMISSIONER LEE	HOBART, 22 JUNE 2015

Application for approval of the O’Neill and Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement 5 June 2015 - 31 May 2018.

[1] An application has been made for approval of an enterprise agreement known as the O’Neill and Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement 5 June 2015 - 31 May 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O’Neill & Brown Fire Services Pty Ltd. 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.

[3] The Agreement was approved on 22 June 2015 and, in accordance with s.54 of the Act, will operate from 29 June 2015. The nominal expiry date of the Agreement is 31 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the O’Neill and Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement, which was proposed to run from 5 June 2015 to 31 May 2018. The Commission was asked to assess the fairness and compliance of the agreement, which was submitted by the employer and the employees' union. The case focused on the terms and conditions outlined in the agreement, including pay rates, working conditions, and other employment-related matters.

The central legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in all its terms. The Commission needed to consider if the agreement covered all necessary aspects, including minimum wage rates, leave entitlements, penalty rates, and other conditions. Additionally, the Commission had to ensure that the agreement complied with the 'better off overall test', which requires that no employee should be worse off financially under the terms of the agreement compared to their previous conditions.

In reaching its decision, the Commission examined the submissions from both parties and considered the broader context of the industry and employment standards. It assessed the agreement's provisions against the statutory criteria for approval, ensuring that it provided for the proper classification of employees, adequate remuneration, and reasonable working hours. The Commission also took into account the 'no disadvantage test', verifying that the agreement did not place employees at a disadvantage compared to what they would have under the applicable award or registered agreement. After thorough deliberation, the Commission approved the enterprise agreement, finding it to be fair and reasonable, and compliant with all legal requirements.

The final orders of the Commission were that the O’Neill and Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement, dated 5 June 2015 to 31 May 2018, was approved as a registered agreement under the Fair Work Act 2009. This approval meant that the agreement would become binding on all employees covered by it, and the terms and conditions outlined therein would govern their employment for the specified period.

O’Neill & Brown Fire Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established