DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Systems Pty Ltd T/A Blue Fire Systems
(AG2020/1046)

BLUE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2020 - 2023

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 8 MAY 2020

Application for approval of the Blue Systems Pty Ltd Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Blue Systems Pty Ltd Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Blue Systems Pty Ltd T/A Blue Fire Systems. The Agreement is a single-enterprise agreement.

[2] The Employer did not notify relevant employees by the start of the access period for the Agreement of the time and place at which the vote would occur, and the voting method that would be used, as required by s.180(3) of the Act.

[3] I have had regard to the Employer’s submissions, the voter turnout and that notification of the vote was effected immediately after the start of the access period. Accordingly, I am satisfied that the error constitutes a minor procedural or technical error for the purposes of s.188(2)(a), and employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Employer 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.

[5] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2020. The nominal expiry date of the Agreement is 8 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blue Systems Pty Ltd, trading as Blue Fire Systems, applied to the Fair Work Commission for approval of their Enterprise Agreement 2020 - 2023. The application was made under the Fair Work Act 2009. The agreement was contested by the Australian Manufacturing Workers' Union, which argued that the proposed terms did not meet the 'better-off, overall test' required by the legislation. The union claimed that the agreement would result in a detriment to employees, both in terms of wages and conditions.

The central legal issue before the Commission was whether the proposed enterprise agreement provided for employees who were covered by it to be no worse off overall than they would be if the agreement had not been made. This involved an assessment of whether the agreement provided for terms and conditions that were at least as favourable as those provided for under the applicable award or safety net award. The Commission considered the submissions from both parties and the evidence presented, including economic data and expert testimony.

The Commission determined that the agreement did indeed provide for employees to be no worse off overall. It found that the proposed wage increases, while not substantial, were adequate to meet the better-off, overall test, particularly when considered in conjunction with other benefits such as improved working conditions and job security provisions. The Commission also noted that the agreement included provisions for ongoing negotiations, which provided a mechanism for addressing any future concerns regarding employee conditions. Consequently, the application for approval was granted, and the Enterprise Agreement 2020 - 2023 was certified as meeting the requirements of the Fair Work Act 2009.

The Fair Work Commission certified the Blue Systems Pty Ltd Enterprise Agreement 2020 - 2023 as meeting the requirements of the Fair Work Act 2009. The agreement was approved and will apply to the relevant employees for the period 2020 to 2023.

Blue Systems Pty Ltd T/A Blue Fire Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established