SEM Fire & Rescue Pty Limited

[2013] FWCA 8030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SEM Fire & Rescue Pty Limited
(AG2013/10799)

SEM FIRE AND RESCUE PTY LTD ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 14 OCTOBER 2013

Application for approval of the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by SEM Fire & Rescue Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Firefighters’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 21 October 2013.The nominal expiry date of the Agreement is 12 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, SEM Fire & Rescue Pty Limited applied for approval of the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2013-2016. The application was made under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for workers within the company, specifically those outlined in the proposed enterprise agreement.

The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act. This involved examining whether the agreement met the 'better off overall test', ensuring that the employees would not be worse off financially compared to their previous conditions. The court also needed to assess whether the agreement was made in good faith and whether it contained appropriate provisions for the protection of employees' rights and interests.

The Fair Work Commission found that the proposed agreement did indeed meet the 'better off overall test', and that the agreement was made in good faith. The Commission noted that the agreement contained provisions that were beneficial to the employees, such as increased leave entitlements and improved redundancy provisions. Furthermore, the agreement included appropriate mechanisms for the resolution of disputes and the protection of employees' rights. As a result, the Fair Work Commission approved the SEM Fire and Rescue Pty Ltd Enterprise Agreement 2013-2016, subject to certain conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established