DECISION

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

Your Fire Protection Pty Ltd
(AG2019/83)

YOUR FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT BULL	SYDNEY, 2 MAY 2019

Application for approval of the Your Fire Protection Pty Ltd Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Your Fire Protection Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Your Fire Protection Pty Ltd Enterprise Agreement 2018 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at the end of the Agreement. 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.

[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] The application was not lodged within 14 days after the agreement was made. The employer stated in the application that the Agreement was lodged late due to all employees covered by the Agreement being on Christmas leave at the time the Agreement was made. The Employer stated in the application that the same number of employees is still engaged.

[5] Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 2 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Your Fire Protection Pty Ltd applied for approval of the Your Fire Protection Pty Ltd Enterprise Agreement 2018. The applicant, a fire protection company, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose as the company sought to implement changes to employee conditions, including hours of work and overtime provisions.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly sections concerning the good faith bargaining process and the terms and conditions of employment. The Commission had to consider whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as specified in the Act. Furthermore, the Commission had to assess whether the agreement was fair and reasonable in its terms.

The Commission found that the agreement was made in good faith, with evidence of genuine bargaining between the parties. The terms of the agreement were considered fair and reasonable, meeting the minimum standards set out in the Fair Work Act. The Commission concluded that the agreement was compliant with the statutory requirements and approved it as a registered agreement. This decision allows the company to implement the agreed changes to employee conditions as outlined in the enterprise agreement.

Your Fire Protection Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established