DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RNW Fire Services Pty Ltd
(AG2021/4744)

RNW FIRE SERVICES PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 MAY 2021

Application for approval of the RNW Fire Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2021.

[1] RNW Fire Services Pty Ltd has made an application for the approval of an enterprise agreement known as the RNW Fire Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 5 May 2021 and, in accordance with s 54, will operate from 12 May 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of RNW Fire Services Pty Ltd, the dispute arose between the employer, represented by RNW Fire Services Pty Ltd, and the union, represented by the Electrical Trades Union of Australia. The matter was brought before the Fair Work Commission to seek approval of the RNW Fire Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2021. The union sought to ensure that the agreement met the statutory requirements and adequately protected the rights and interests of the employees.

The legal issues before the Commission involved verifying whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been made without coercion, if it contained the mandatory terms and conditions, and if it met the requirements for the classification of employees under the agreement. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees, including their wages and conditions of employment.

In delivering its decision, the Commission examined the evidence provided by both parties and assessed the terms of the agreement against the statutory framework. The Commission found that the agreement had been made without coercion and contained all the mandatory terms and conditions as required by the Fair Work Act 2009. The classification of employees under the agreement was deemed to be fair and reasonable, and the terms regarding wages and conditions of employment were considered to be equitable. Therefore, the Commission approved the agreement, recognising it as a valid and legally binding enterprise agreement.

The Fair Work Commission approved the RNW Fire Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2021, recognising it as a valid and legally binding enterprise agreement. The Commission's decision confirmed that the agreement met all statutory requirements and provided fair and reasonable terms for the employees.

RNW 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