ARA Fire Protection Services Pty Ltd Summary

[2021] FWCA 6978

FAIR WORK COMMISSION

DECISION

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

ARA Fire Protection Services Pty Ltd
(AG2021/8540)

ARA FIRE PROTECTION PTY LTD ELECTRICAL TECHNICIAN ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 3 DECEMBER 2021

Application for approval of the ARA Fire Protection Pty Ltd Electrical Technician Enterprise Agreement 2021

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

[2] The matter was allocated to my Chambers on 30 November 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 3 December 2021. The undertaking increases wage rates and allowances for Apprentices to ensure that the Agreement passes the better off overall test (BOOT). The amended wages and allowances can be seen in the undertaking attached to the Agreement.

[4] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ARA Fire Protection Services Pty Ltd sought approval of the ARA Fire Protection Pty Ltd Electrical Technician Enterprise Agreement 2021 before the Fair Work Commission. The dispute involved the terms and conditions of employment for electrical technicians within the company, seeking to have the agreement recognised and enforceable under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the formal requirements for approval, including compliance with minimum entitlements and the process by which it was negotiated.

The Commission found that the agreement satisfied the formal requirements set out in the Fair Work Act. The negotiation process was deemed to be genuine, and the agreement contained all the prescribed minimum entitlements. The Commission also examined the provisions of the agreement to ensure that they were not contrary to public policy or detrimental to the employees. The court noted the importance of the agreement in maintaining industrial harmony and the reasonable terms it provided to both employers and employees. Consequently, the Commission approved the agreement, recognising it as a valid enterprise agreement under the Act.

Following the Commission's approval, the ARA Fire Protection Pty Ltd Electrical Technician Enterprise Agreement 2021 was formally recognised and enforceable. This decision ensures that the terms and conditions outlined in the agreement are binding on the parties and provide a framework for the employment relationship between ARA Fire Protection Services Pty Ltd and its electrical technicians. The outcome was significant in providing legal certainty and stability in the workplace, while also addressing the legitimate needs and interests of both employers and employees.

ARA Fire Protection Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established