DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARA Fire Protection Services Pty Ltd
(AG2018/7327)

ARA FIRE PROTECTION SERVICES PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2017-2020

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 11 APRIL 2019

Application for approval of the ARA Fire Protection Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the ARA Fire Protection Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2017-2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by ARA Fire Protection Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 March 2019.

[3] The Applicant has submitted an undertaking in the required form dated 11 April 2019. The undertaking provides a National Employment Standards (NES) precedence clause.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on 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 from the date of approval of the Agreement. The nominal expiry date is 20 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were ARA Fire Protection Services Pty Ltd and its employees represented by the Electrical Trades Union of Australia. The dispute centred around the approval of the ARA Fire Protection Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2017-2020. The Fair Work Commission was the court responsible for hearing the matter.

The central legal issues that the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of the procedural fairness in its formation and its compliance with the minimum entitlements set out in the National Employment Standards. Additionally, the court examined whether the agreement was in the best interests of the employees and the employer, and if it fostered a productive workplace relationship.

The Fair Work Commission examined the evidence provided regarding the negotiation process and found that the agreement was formed through a proper and fair process, with both parties having an opportunity to participate and express their views. The court also reviewed the terms of the agreement and found that they were consistent with the minimum entitlements required by law and did not disadvantage any party. The court determined that the agreement promoted a productive workplace relationship and was in the best interests of both the employees and the employer. Consequently, the court approved the agreement as compliant with the necessary legal standards.

The Fair Work Commission approved the ARA Fire Protection Services Pty Ltd Sprinkler Fitters Enterprise Agreement 2017-2020, acknowledging its compliance with the Fair Work Act 2009 and its promotion of a productive workplace relationship.

ARA Fire Protection Services 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