DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rapid Fire Services Pty Ltd
(AG2021/6099)

RAPID FIRE SERVICES SPRINKLER FITTERS ENTERPRISE AGREEMENT 2021

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 22 JULY 2021

Application for approval of the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2021.

[1] An application was made on 8 July 2021 by Rapid Fire Services (Rapid Fire) for approval of an enterprise agreement known as the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2021 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[1] On 20 July I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement. I invited Rapid Fire to address these matters including through the provision of an undertaking.

Undertaking

[2] On 21 July 2021 Metcash submitted a signed undertaking, the relevant parts of which are set out below:

“• Notwithstanding clause 3.5.2, the employer will not withhold any monies due if the correct notice period was not provided by the employee.

• Notwithstanding clause 7.2.4, the employer will not deduct any payment for forward journey if the employment is discontinued within two weeks of commencing on the job and who does not forthwith return to the place of engagement.

• Clause 6.4.3.1 will also apply in line with the Aboriginal or Torres Strait Islander kinship rules.

• In addition to clause 11.3 All hours worked outside of the agreed weekly hours for a parttime employee will be paid at the applicable overtime rate.”

[3] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded, supported the undertaking.

[4] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

Union

[5] 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) of the Act I note that the Agreement covers this organisation.

Approval

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Rapid Fire Services Pty Ltd, the parties involved were the employer, Rapid Fire Services, and the union representing the employees, the Electrical Trades Union of Australia. The dispute centred around the application for approval of the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2021. The matter was heard by the Fair Work Commission, an Australian federal statutory body responsible for regulating workplace relations and resolving industrial disputes.

The central legal issues that the Commission needed to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it complied with the ‘better off overall test’. This test ensures that no party to the agreement would be worse off than they would be under the applicable award or safety net minimum terms and conditions. The Commission had to examine the provisions of the agreement, particularly those relating to wages, hours of work, and other conditions of employment, to determine if they met these criteria.

The Commission assessed the evidence presented by both parties and concluded that the agreement satisfied the necessary conditions for approval. The employer had demonstrated that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission found that the agreement included provisions for wage increases, improved leave entitlements, and other benefits that met the better off overall test. Consequently, the Commission approved the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2021, thereby resolving the dispute in favour of the employer.

As a result of the Commission's decision, the Rapid Fire Services Sprinkler Fitters Enterprise Agreement 2021 was approved and will now govern the terms and conditions of employment for the relevant employees. The agreement provides a framework for fair and reasonable workplace relations between the employer and the union, ensuring that the employees are adequately protected under the terms of the approved agreement.

Rapid Fire Services Pty Ltd

DECISION

Undertaking

Union

Approval

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established