DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Fire Services Pty Ltd
(AG2019/605)

RAPID FIRE SERVICES SPRINKLER FITTERS ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 24 APRIL 2019

Application for approval of the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rapid 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2019. The nominal expiry date of the Agreement is 28 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Rapid Fire Services Pty Ltd, sought approval of the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2019. The dispute arose between the applicant and the union, the Electrical Trades Union of Australia, representing the employees. The applicant sought to introduce changes to the agreement, which included modifications to the classification of employees, pay rates, and various working conditions. The union contested these changes, arguing they were unjust and did not adequately reflect the employees' needs and industry standards.

The central legal issues the Commission needed to address were whether the changes proposed in the agreement were fair and reasonable, and whether the agreement had been made in good faith. The Commission examined the evidence presented by both parties, including submissions on economic factors, the impact on employees, and the principles of enterprise bargaining. The Commission also considered the Fair Work Act's requirements for enterprise agreements, ensuring the changes aligned with the overarching objectives of promoting fair and productive workplace relations.

After careful deliberation, the Commission found that the proposed changes were reasonable and in good faith. The changes addressed economic realities and reflected the current industry standards, while also considering the employees' interests. The Commission approved the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2019, noting that it met the statutory criteria and promoted fair and productive workplace relations. The Commission's decision provided clarity and a framework for the terms and conditions of employment within the enterprise.

Rapid 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