Ultimate Fire Control Pty Ltd Summary

[2013] FWCA 8952

FAIR WORK COMMISSION

DECISION

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

Ultimate Fire Control Pty Ltd
(AG2013/11030)

ULTIMATE FIRE CONTROL PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 NOVEMBER 2013

Application for approval of the Ultimate Fire Control Pty Ltd Sprinkler Fitters Enterprise Agreement 2013-2016.

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

[2] The employer has provided an undertaking in the following terms:

“In the event an employee of Ultimate Fire Control Pty Ltd who is “on call” as defined in the Ultimate Fire Control Pty Ltd Enterprise Agreement 2013-2016 for 26 or more weekends in a year, they will be entitled to an additional weeks annual leave on the same terms and conditions as per clause 34.1 of the Plumbing and Fire Sprinklers Award 2010”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2013. The nominal expiry date of the Agreement is 31 October 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ultimate Fire Control Pty Ltd sought approval for the Ultimate Fire Control Pty Ltd Sprinkler Fitters Enterprise Agreement 2013-2016. The application for approval was brought before the Fair Work Commission. The primary dispute centred around whether the proposed enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the applicant needed to demonstrate that the agreement ensured fairness, was free from coercion and undue influence, and met other procedural and substantive requirements.

The key legal issues before the Commission involved verifying if the agreement was genuinely negotiated, if it was free from any unfair provisions, and whether it met the procedural fairness standards. The Commission examined the process by which the agreement was negotiated, the extent of employee participation, and the compliance of the agreement with the statutory requirements. The applicant had to provide evidence that the agreement was not only negotiated in good faith but also that it was free from any unfair content and that it adhered to the mandatory provisions of the Fair Work Act.

In its reasoning, the Commission found that the agreement was genuinely negotiated and that there was no evidence of coercion or undue influence. The Commission was satisfied that the negotiation process was robust and that employees had a genuine opportunity to participate in the negotiation process. Furthermore, the Commission found that the agreement was free from any unfair provisions and complied with the mandatory terms and conditions as stipulated in the Act. Based on these findings, the Commission approved the agreement, acknowledging its compliance with the statutory requirements and its fairness to both parties.

The final orders included the approval of the Ultimate Fire Control Pty Ltd Sprinkler Fitters Enterprise Agreement 2013-2016, effective from the date of the Commission’s decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees for the specified period.

Ultimate Fire Control Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established