DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Progressive Fire Services Pty Ltd
(AG2016/4990)

PROGRESSIVE FIRE SERVICES PTY LTD ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2016

Application for approval of the Progressive Fire Services Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Progressive Fire Services Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Progressive Fire Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 October 2016 and, in accordance with s.54, will operate from 18 October 2016. The nominal expiry date of the Agreement is 10 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Progressive Fire Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application involved various aspects of employment conditions, including wages, working hours, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and whether it was appropriate for the employees and employer involved.

The primary legal issues centred on whether the enterprise agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it adhered to the 'better off overall test', and whether it appropriately balanced the rights and interests of both the employees and the employer. The Commission also needed to ensure that the agreement did not negatively impact the employees' safety, health, or welfare.

The Commission found that the agreement largely met the necessary requirements. It included provisions that ensured the employees were not worse off financially and provided for a fair balance of rights and obligations. The agreement also incorporated mechanisms for resolving disputes in a manner that was efficient and fair. The Commission concluded that the agreement was in the best interests of the employees and approved it. The approval was based on the agreement meeting the statutory requirements and providing a balanced approach to the needs of both parties.

The final order was that the Progressive Fire Services Pty Ltd Enterprise Agreement 2016-2019 be approved and registered by the Fair Work Commission, effective from the date of the decision. The agreement was to be binding on all parties and remain in force until the specified end date or until terminated in accordance with its provisions.

Progressive 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