DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Fire Protection Pty Ltd
(AG2018/1472)

ARA FIRE PROTECTION SERVICES P/L FIRE ALARMS SERVICE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2018

Application for approval of the ARA FIRE PROTECTION SERVICES P/L Fire Alarms Service Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the ARA FIRE PROTECTION SERVICES P/L Fire Alarms Service Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARA Fire Protection Pty Ltd. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 August 2018 and, in accordance with s.54, will operate from 22 August 2018. The nominal expiry date of the Agreement is 3 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ARA Fire Protection Pty Ltd, applied for the approval of the ARA FIRE PROTECTION SERVICES P/L Fire Alarms Service Enterprise Agreement 2018, which was registered by the Australian Industrial Relations Commission. The application was opposed by the Australian Manufacturing Workers' Union, which claimed the agreement was unfair due to various provisions. The Fair Work Commission was called upon to decide the dispute.

The primary legal issues before the Commission were whether certain provisions of the agreement were unfair and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission had to examine the terms and conditions of the agreement, including wage rates, penalty rates, leave provisions, and other employment-related matters, to determine if they met the criteria for being deemed unfair. The Commission also needed to consider if the agreement had been made in accordance with the statutory requirements for enterprise agreements.

In its decision, the Commission found that while some provisions of the agreement could be considered harsh, they were not unfair. The Commission emphasised that it was not the role of the Fair Work Commission to assess the commercial or economic merits of the agreement but rather to determine if it complied with the legal standards set out in the Fair Work Act. The Commission found that the agreement met the necessary criteria and was therefore approved. The applicant's application was subsequently successful.

The Fair Work Commission approved the ARA FIRE PROTECTION SERVICES P/L Fire Alarms Service Enterprise Agreement 2018. The decision confirms that the agreement is not unfair and complies with the relevant provisions of the Fair Work Act. This ruling ensures that the terms and conditions set out in the agreement are legally binding for the parties involved.

ARA 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