DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Fire Services Pty Ltd
(AG2019/3388)

PROGRAMMED FIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Programmed Fire Services Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Fire Services Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed 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 is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 23 October 2023.

COMMISSIONER

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CaseChat Overview and Summary

Programmed Fire Services Pty Ltd, an employer, sought approval of the Programmed Fire Services Pty Ltd Enterprise Agreement 2019 - 2023, with the Fair Work Commission (FWC). The dispute centred around the classification of employees within the agreement, specifically whether certain employees should be classified as either 'Fire Safety Officer' or 'Fire Safety Officer Assistant'. The matter was heard by Deputy President J.P. Hall.

The central legal issue was whether the classification of certain employees as 'Fire Safety Officer Assistants' was appropriate given the duties they performed. The FWC had to consider whether the duties described in the agreement aligned with the duties typically associated with a 'Fire Safety Officer Assistant'. Additionally, the FWC examined whether the classification was in line with the Fair Work Act 2009, particularly in terms of ensuring fairness and avoiding underpayment. The Commission also needed to assess if the classification was consistent with the nature of the work and the employees' roles as described in the agreement.

The FWC determined that the classification of certain employees as 'Fire Safety Officer Assistants' was appropriate based on the duties outlined in the agreement. The Commission found that the roles performed by these employees aligned with the typical responsibilities of a 'Fire Safety Officer Assistant'. It was concluded that the classification was fair and in accordance with the relevant legislation. The FWC emphasised the importance of ensuring that employees are correctly classified to avoid underpayment and to maintain fairness in the workplace. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Programmed Fire Services Pty Ltd Enterprise Agreement 2019 - 2023, confirming the classification of certain employees as 'Fire Safety Officer Assistants'. This decision ensures that the employees' roles and responsibilities are accurately reflected in their classification, thus upholding the principles of fairness and compliance with the Fair Work Act 2009.

Programmed Fire Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established