DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Fire Protection Services P/L
(AG2021/4379)

ARA FIRE PROTECTION SERVICES P/L FIRE ALARMS ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 19 APRIL 2021

Application for approval of the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2021 (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 Services P/L. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 26 April 2021. The nominal expiry date of the Agreement is 21 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ARA Fire Protection Services P/L, sought approval of the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2021. The dispute was heard by the Fair Work Commission, with the applicant arguing that the proposed agreement should be approved as a simple, fair and efficient way to manage the employment of its fire protection employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for a genuine bargain, was made in good faith, and was free from any coercive or oppressive conduct. Additionally, the Commission examined whether the agreement provided for fair terms and conditions of employment and whether it was in the best interests of the employees.

The Commission found that the agreement met the criteria for approval. It was determined that the agreement provided for a genuine bargain, was made in good faith, and was free from any coercive or oppressive conduct. The Commission also found that the agreement provided for fair terms and conditions of employment and was in the best interests of the employees. The Commission took into account the complexity of the bargaining process and the efforts made by the parties to reach a fair and reasonable agreement.

The Fair Work Commission approved the ARA Fire Protection Services P/L Fire Alarms Enterprise Agreement 2021. The Commission found that the agreement met all the requirements for approval under the Fair Work Act and was in the best interests of the employees. The approval of the agreement will provide certainty and stability for both the employer and employees in the fire protection industry.

ARA Fire Protection Services P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established