DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Your Fire Protection Pty Ltd
(AG2019/2397)

YOUR FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 SEPTEMBER 2019

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

[1] An application has been made for approval of a variation to the Your Fire Protection Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made by Your Fire Protection Pty Ltd 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 2 May 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 12 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Your Fire Protection Pty Ltd, an employer, filed an application seeking variation of the Enterprise Agreement 2018 with its employees represented by the Electrical Trades Union of Australia. The dispute centred on the terms of the enterprise agreement, specifically the application of shift premiums, and was heard in the Fair Work Commission. The union contested the application, arguing that the proposed changes would adversely affect the employees' working conditions and entitlements.

The central legal issue before the Commission was whether the proposed variation of the enterprise agreement was procedurally and substantively fair. The employer argued that the changes were necessary to address economic realities and to ensure the business's viability. The union contended that the proposed changes were unjustified and would lead to a deterioration in the employees' conditions without adequate justification.

In its decision, the Commission examined the application against the relevant legal standards set out in the Fair Work Act. The Commission considered the procedural fairness of the application process, including whether the employer had engaged in good faith bargaining with the union. It also assessed the substantive fairness of the proposed changes, taking into account the economic context and the impact on the employees. Ultimately, the Commission found that the application was procedurally fair but did not adequately justify the substantive changes. Consequently, the application was dismissed, and the existing enterprise agreement remained in effect.

No further orders were made by the Commission, and the existing enterprise agreement continued to govern the employment conditions of the employees.

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