DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O'Neill & Brown Fire Services Pty Ltd T/A O'Neill & Brown Fire Services
(AG2021/5696)

O'NEILL & BROWN FIRE SERVICES PTY LTD AND EMPLOYEES SPRINKLER SERVICES ENTERPRISE AGREEMENT 2021-2025

Fire fighting services
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2021

Application for approval of the O'Neil & Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the O’Neil & Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement 2021 - 2025 (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 T/A O’Neill & Brown Fire Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2021. The nominal expiry date of the Agreement is 5 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved O'Neill & Brown Fire Services Pty Ltd, trading as O'Neill & Brown Fire Services, which sought approval for the O'Neil & Brown Fire Services Enterprise Agreement 2021 - 2025. The application was brought in the Fair Work Commission, where the nature of the dispute centred around the terms and conditions set forth in the proposed enterprise agreement and whether they met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission, with its jurisdiction over enterprise agreements, was tasked with reviewing the application and determining its validity.

The legal issues before the court included whether the agreement provided for the proper operation of the enterprise, whether it contained provisions that were contrary to public policy, and whether it had been fairly negotiated. The court also needed to consider whether the agreement met the requirements for making, including the need for it to provide for a method of resolving disputes between the employer and employees. Furthermore, the court had to ensure that the agreement was not contrary to public policy, particularly concerning the provisions regarding the dismissal of employees.

The court, in considering these issues, examined the terms of the agreement and the process by which it was negotiated. It found that the agreement was fairly negotiated and met the requirements for making, as it contained provisions for the proper operation of the enterprise and provided for a method of resolving disputes. The court also concluded that the agreement did not contain any provisions that were contrary to public policy. After reviewing the evidence and submissions, the court approved the enterprise agreement, confirming that it was in accordance with the relevant provisions of the Fair Work Act 2009.

The final orders of the court were that the O'Neil & Brown Fire Services Enterprise Agreement 2021 - 2025 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission, and the approval was to be effective from the date of registration. The court's decision provided clarity and legal certainty for the parties involved and established the terms and conditions for the employees of O'Neill & Brown Fire Services for the duration of the agreement.

O'Neill & Brown Fire Services Pty Ltd T/A 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