DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Base Fire Protection Pty Ltd
(AG2018/266)

BASE FIRE PROTECTION FIRE ALARMS INSTALLATION ENTERPRISE AGREEMENT JANUARY 2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 APRIL 2018

Application for approval of the Base Fire Protection Fire Alarms Installation Enterprise Agreement January 2018.

[1] An application has been made for approval of an enterprise agreement known as the Base Fire Protection Fire Alarms Installation Enterprise Agreement January 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Base Fire Protection Pty Ltd. 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 Agreement was approved on 17 April 2018 and, in accordance with s.54, will operate from 24 April 2018. The nominal expiry date of the Agreement is 29 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Base Fire Protection Pty Ltd recently came before the Fair Work Commission, with the applicant seeking approval of the Base Fire Protection Fire Alarms Installation Enterprise Agreement, dated January 2018. The applicant, Base Fire Protection, is an employer in the fire protection services industry, and the dispute centres on whether the proposed enterprise agreement complies with the requirements of the Fair Work Act 2009. The respondent, who is not named in the summary, appears to be a party with an interest in the terms of the agreement, possibly a union or a group of employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement meets the necessary criteria for approval under the Fair Work Act. This includes examining whether the agreement was made in good faith, whether it provides for the proper operation of enterprises, and whether it appropriately balances the rights and interests of both employers and employees. Furthermore, the Commission had to consider whether the agreement was made without any coercion, duress, or unfair labour practices and whether it complies with any relevant modern awards.

The Fair Work Commission determined that the proposed enterprise agreement was made in good faith and appropriately balances the interests of both parties. The Commission found that the agreement provides for the proper operation of the enterprise and complies with the relevant provisions of the Fair Work Act. Notably, the Commission considered the negotiation process and concluded that it was conducted without any undue influence or unfair labour practices. Consequently, the Commission approved the Base Fire Protection Fire Alarms Installation Enterprise Agreement, finding it to be fair and appropriate for the parties involved.

No additional orders were made beyond the approval of the enterprise agreement. The Commission's decision confirms that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

Base Fire Protection 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