P&M Fire Protection Pty Ltd

[2018] FWCA 6846

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

P&M Fire Protection Pty Ltd

(AG2018/2122)

P&M Fire Protection Pty Ltd and Employees Enterprise Agreement 2018-2022

Building, Metal and Civil Construction Industries
Deputy President Masson	MELBOURNE, 7 NOVEMBER 2018

Application for approval of the P&M Fire Protection Pty Ltd and Employees Enterprise Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the P&M Fire Protection Pty Ltd and Employees Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by P&M Fire Protection Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2018. The nominal expiry date of the Agreement is 6 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, P&M Fire Protection Pty Ltd applied for the approval of the P&M Fire Protection Pty Ltd and Employees Enterprise Agreement 2018-2022. The dispute arose from a disagreement between the applicant and the employees represented by the Australian Council of Trade Unions regarding the terms and conditions of employment as outlined in the proposed agreement.

The primary legal issues the Commission had to address were whether the proposed agreement met the requirements under the Fair Work Act 2009, including the obligation to ensure the agreement promotes high levels of job security and does not undermine the operation of the enterprise agreement safety net. Additionally, the Commission had to consider if the agreement included provisions that unfairly disadvantaged employees or contravened any other statutory provisions.

The Commission found that the proposed agreement generally met the legislative requirements. It provided for fair and reasonable terms and conditions, and did not undermine the safety net provisions. The Commission noted that while there were some provisions that could potentially disadvantage employees, these were outweighed by the overall benefits of the agreement. Consequently, the Commission approved the agreement with minor modifications to address specific concerns raised during the hearing.

The final orders included the approval of the agreement with the specified minor modifications, ensuring that it complied with the statutory obligations under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established