DECISION

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

Total Fire Solutions (Aust) Pty Limited
(AG2014/10291)

TOTAL FIRE SOLUTIONS ENTERPRISE AGREEMENT 2014

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 JANUARY 2015

Application for approval of the Total Fire Solutions Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Fire Solutions Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 23 January 2015. The nominal expiry date of the Agreement is 23 January 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Total Fire Solutions (Aust) Pty Limited sought approval of the Total Fire Solutions Enterprise Agreement 2014 in the Fair Work Commission. The agreement aimed to regulate employment terms and conditions for employees within the company. The primary dispute centred around the provisions concerning employee classification, wage rates, and dispute resolution mechanisms. The Fair Work Commission was tasked with assessing whether the agreement complied with the Fair Work Act 2009 and was fair and reasonable in its terms and conditions.

The key legal issues the Commission needed to address included the fairness of the classification of employees under the agreement, the adequacy of the wage rates, and the appropriateness of the dispute resolution provisions. The Commission also had to determine if the agreement met the requirements for being a single, integrated, and comprehensive enterprise agreement under the Fair Work Act. Additionally, it was necessary to consider submissions from both the employer and the union representing the employees to ascertain if the agreement was genuinely bargained and fair.

In its reasoning, the Commission examined the evidence and submissions provided by both parties. It found that the classification of employees was reasonable and consistent with the nature of the work performed. The wage rates were deemed adequate, reflecting the skills and responsibilities of the employees. The dispute resolution mechanisms were considered appropriate for the context of the enterprise. The Commission concluded that the agreement was fair and reasonable, meeting the statutory requirements and reflecting genuine bargaining. Consequently, the application for approval of the agreement was granted.

Total Fire Solutions (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established