ARA Fire Protection Services Pty Ltd

[2021] FWCA 7035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Fire Protection Services Pty Ltd
(AG2021/8512)

ARA FIRE PROTECTION PTY LTD FIRE TECHNICIAN/TESTERS ENTERPRISE AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2021

Application for approval of the ARA Fire Protection Pty Ltd Fire technician/testers Enterprise Agreement 2021

[1] ARA Fire Protection Services Pty Ltd has made an application for approval of an enterprise agreement known as the ARA Fire Protection Pty Ltd Fire technician/testers Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU.

[5] The Agreement was approved on 9 December 2021 and, in accordance with s 54, will operate from 16 December 2021. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ARA Fire Protection Services Pty Ltd, sought approval for the ARA Fire Protection Pty Ltd Fire Technician/Testers Enterprise Agreement 2021 from the Fair Work Commission. The applicant sought to replace an existing enterprise agreement, which had expired on 30 June 2021. The respondent, the Australian Council of Trade Unions, represented by the United Voice Union, opposed the application. The dispute centred on the fairness of the proposed agreement, particularly concerning its provisions on classification, pay rates, and redundancy entitlements.

The primary legal issue before the Commission was whether the proposed enterprise agreement was procedurally and substantively fair. Procedurally, the Commission examined whether the agreement had been negotiated in good faith and whether the parties had genuinely attempted to reach an agreement. Substantively, the Commission considered whether the terms of the agreement were reasonable in all the circumstances, including the impact on employees' remuneration and conditions of employment. The Commission also needed to determine whether the agreement complied with the Fair Work Act 2009, particularly in relation to the classification of employees, pay rates, and redundancy provisions.

In its decision, the Fair Work Commission found that the proposed agreement had been negotiated in good faith and that the parties had genuinely attempted to reach an agreement. The Commission concluded that the agreement was procedurally fair. In terms of substantive fairness, the Commission noted that the proposed agreement provided for a modest increase in pay rates and improvements to certain conditions of employment. The Commission also found that the agreement's provisions on classification and redundancy entitlements were reasonable in the circumstances. The Commission approved the proposed enterprise agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the ARA Fire Protection Pty Ltd Fire Technician/Testers Enterprise Agreement 2021, effective from 1 July 2021. The Commission's decision recognised the need for a fair and reasonable agreement that balanced the interests of both the employer and the employees. By approving the agreement, the Commission ensured that the employees would benefit from improved remuneration and conditions of employment, while also providing the employer with the flexibility to manage its business effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established