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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Asset Fire Security & Mechanical Services Queensland Alarms Employee Collective Agreement. The applicant, Asset Fire Security & Mechanical Service Qld Pty Ltd trading as ARA Fire, sought approval of the agreement which was intended to govern the employment terms of its employees. The application was made under the Fair Work Act 2009, specifically addressing the requirements for a lawful and effective enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained the essential elements required by the Act, including the coverage of the agreement, the bargaining process, and the absence of any prohibited content. Additionally, the Commission needed to determine if the agreement provided for the fair and equitable treatment of employees and adhered to the principles of good faith bargaining.

In reaching its decision, the Fair Work Commission examined the content and process of the agreement. The Commission found that the agreement was appropriately negotiated and contained all the necessary elements for a valid enterprise agreement. It noted that the agreement covered a defined group of employees, was the product of good faith bargaining, and did not include any content that was prohibited by the Act. The Commission was satisfied that the agreement provided for fair terms and conditions of employment, thereby meeting the statutory requirements for approval.

The Commission approved the Asset Fire Security & Mechanical Services Queensland Alarms Employee Collective Agreement, confirming its compliance with the Fair Work Act. This decision ensured that the terms and conditions of employment for the covered employees would be governed by the agreed provisions, providing a framework for their industrial relations within the enterprise.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established