DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustee for the Willis Family Trust T/A Fire and Safety Tasmania
(AG2019/3756)

FIRE AND SAFETY TASMANIA SPRINKLER FITTERS COLLECTIVE AGREEMENT 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 12 DECEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trustee for the Willis Family Trust T/A Fire and Safety Tasmania. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for the Willis Family Trust trading as Fire and Safety Tasmania applied for the approval of the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2019. The application was opposed by the Tasmanian Trades and Labour Council. The central issue for the Commission was whether the agreement met the formal requirements for approval under the Fair Work Act 2009 and if it complied with the provisions of the Act concerning the protection of employees' rights and interests. The Commission needed to determine if the agreement adhered to the procedural fairness standards and if it appropriately balanced the rights of employers and employees.

The Commission carefully examined the agreement to ensure it contained all the necessary elements as stipulated by the Fair Work Act. This included verifying that it was in writing, that it was made by an authorised bargaining representative, and that it addressed the required topics such as wages, conditions, and other employment terms. Furthermore, the Commission assessed whether the agreement provided adequate protections for employees, including provisions for minimum working conditions, dispute resolution mechanisms, and the right to be free from unfair dismissal. The analysis also considered whether the agreement was made in good faith and without coercion.

After thorough consideration, the Commission found that the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2019 met all the formal and substantive requirements for approval. The agreement was comprehensive, adhered to procedural fairness, and balanced the rights and interests of both employers and employees. Consequently, the Commission approved the agreement, certifying it as a registered agreement under the Fair Work Act.

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