DECISION

Fair Work Act 2009
s.185—Enterprise agreement

REMK Consultancy Pty Ltd T/A Region West Fire Protection Pty Ltd
(AG2019/2114)

REGION WEST FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 AUGUST 2019

Application for approval of the Region West Fire Protection Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Region West Fire Protection 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 REMK Consultancy Pty Ltd T/A Region West Fire Protection Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 1 August 2019 and, in accordance with s.54, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, REMK Consultancy Pty Ltd, trading as Region West Fire Protection Pty Ltd, applied for approval of the Region West Fire Protection Pty Ltd Enterprise Agreement 2019-2023. The application was made under section 233 of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement, which was subject to negotiation between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU).

The central legal issue the Commission needed to decide was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of its procedural fairness and whether it met the criteria for being a “good faith” agreement. The Commission had to assess if the agreement was genuinely negotiated and if it contained all the mandatory terms required by the Act. Furthermore, the Commission examined whether the agreement adequately provided for the rights, obligations, and entitlements of the employees, and if it adhered to the principles of procedural fairness.

In delivering its decision, the Commission examined the evidence provided regarding the negotiation process and the content of the agreement. The Commission noted that while the employer and the union had engaged in negotiations, there were concerns about the adequacy of the consultation process and the level of employee participation. However, the Commission found that the agreement contained all the necessary mandatory terms and that the overall provisions were fair and reasonable. The Commission concluded that the agreement met the requirements of the Fair Work Act, and thus approved the application for the enterprise agreement to be registered.

The final order of the Commission was that the Region West Fire Protection Pty Ltd Enterprise Agreement 2019-2023 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration, providing a binding framework for the employment terms and conditions of the employees within the specified period.

REMK Consultancy Pty Ltd T/A Region West Fire Protection 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