ARA Fire Protection Services Pty Ltd

[2021] FWCA 6945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Fire Protection Services Pty Ltd
(AG2021/8508)

ARA FIRE PROTECTION SERVICES PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 DECEMBER 2021

Application for approval of the ARA Fire Protection Services Pty Ltd Sprinkler Fitters 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 Services Pty Ltd Sprinkler Fitters 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] 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 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The Agreement was approved on 2 December 2021 and, in accordance with s 54, will operate from 9 December 2021. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ARA Fire Protection Services Pty Ltd, sought approval for a proposed enterprise agreement from the Fair Work Commission. The applicant is an employer in the fire protection services industry, and the agreement in question pertains to the terms and conditions of employment for its sprinkler fitters. The applicant's primary contention was that the proposed agreement was fair and reasonable for the purposes of section 231 of the Fair Work Act 2009, and it sought the Commission's approval to implement the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the interests of the employees, was free from coercion and undue influence, and contained the appropriate minimum terms and conditions as stipulated by the Act. The applicant argued that the agreement was fair and reasonable and provided for a better working environment, increased job security, and enhanced pay and conditions for the employees. The Commission also had to consider submissions from the relevant union, which represented the employees, and assess whether the agreement aligned with the broader principles of the Act.

In reaching its decision, the Commission examined the provisions of the proposed agreement, taking into account the submissions from both parties. The Commission found that the agreement provided for adequate pay and conditions for the employees, and it did not contain any terms that would be considered unfair or unreasonable. Furthermore, the Commission was satisfied that the agreement was free from coercion and undue influence, and it met the criteria for approval under the Fair Work Act 2009. Therefore, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the ARA Fire Protection Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2021, effective from 1 April 2021. The Commission found that the agreement was fair and reasonable, provided for adequate pay and conditions for the employees, and met the criteria for approval under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for the sprinkler fitters employed by the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established