DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Trustee for the Willis Family Trust T/A Fire and Safety Tasmania
(AG2020/2397)

FIRE AND SAFETY TASMANIA SPRINKLER FITTERS COLLECTIVE AGREEMENT 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 SEPTEMBER 2020

Application for variation of the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2019.

[1] An application has been made for approval of a variation to the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2019 (the Agreement). The application was made by Trustee for the Willis Family Trust T/A Fire and Safety Tasmania pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 12 December 2019. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 21 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Trustee for the Willis Family Trust, acting as the applicant, and Fire and Safety Tasmania, the respondent. The applicant sought a variation of the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2019, specifically concerning the calculation of overtime entitlements. The case was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction over employment and workplace relations disputes in Australia.

The primary legal issue before the court was whether the method of calculating overtime entitlements as outlined in the Collective Agreement was fair and reasonable. The applicant argued that the calculation method did not accurately reflect the overtime worked by employees and was therefore unfair. The respondent contended that the existing method was reasonable and that any changes should be negotiated between the parties. The court had to determine whether the Collective Agreement's calculation method was consistent with the principles of fairness and reasonableness as outlined in the Fair Work Act 2009.

The Fair Work Commission considered the arguments presented by both parties and examined the terms of the Collective Agreement. The court found that the calculation method did not accurately reflect the overtime worked by employees, leading to an unfair outcome. The court emphasised the importance of ensuring that employees receive the correct overtime entitlements as a matter of fairness and to uphold the integrity of the industrial relations system. Consequently, the court granted the application and ordered the variation of the Collective Agreement to reflect a more accurate calculation of overtime entitlements. This decision ensures that employees are compensated fairly for the overtime they work.

Trustee for the Willis Family Trust T/A Fire and Safety Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established