Asset Fire Security & Mechanical Service Qld Pty Ltd T/A ARA Fire

[2017] FWCA 1114

[2017] FWCA 1114

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asset Fire Security & Mechanical Service Qld Pty Ltd T/A ARA Fire
(AG2016/7746)

ASSET FIRE SECURITY & MECHANICAL SERVICES QUEENSLAND ALARMS EMPLOYEE COLLECTIVE AGREEMENT

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Asset Fire Security & Mechanical Services Queensland Alarms Employee Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Asset Fire Security & Mechanical Services Queensland Alarms Employee Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asset Fire Security & Mechanical Service Qld Pty Ltd T/A ARA Fire. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 27 February 2017 and, in accordance with s.54, will operate from 6 March 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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Annexure A