Brisbane Fire Protection Pty Ltd

[2022] FWCA 4532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brisbane Fire Protection Pty Ltd

(AG2022/5032)

Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 20 DECEMBER 2022

Application for approval of the Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brisbane Fire Protection Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 14.2 – Annual Leave – additional leave for shiftworkers who meet the definition for the purposes of the NES
•  Clause 18 – Redundancy
•  Clause 19.6 – Abandonment of Employment

However, noting clause 3.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brisbane Fire Protection Pty Ltd sought approval of their enterprise agreement, which was being contested by the Queensland Council of Trade Unions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The key legal issues involved whether the agreement complied with the statutory requirements, including provisions relating to enterprise bargaining, coverage, and procedural fairness.

The Commission examined the process through which the agreement was reached, focusing on whether there was genuine agreement between the parties and whether the agreement was made in good faith. The Commission also considered whether the agreement contained mandatory terms as required by the Act and whether the agreement was in the best interests of the employees it covered. In evaluating the agreement, the Commission took into account submissions from both parties and relevant legislative provisions.

After thorough consideration, the Commission found that the agreement met the necessary criteria for approval. The Commission determined that the agreement was genuinely negotiated, contained all mandatory terms, and was in the best interests of the employees. The procedural fairness of the bargaining process was also upheld, with no evidence suggesting any unfairness or coercion. Consequently, the Commission approved the Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2022.

The Commission issued an order approving the agreement, which will now be binding on the parties as per the terms outlined in the agreement. This decision ensures that the enterprise agreement is legally recognised and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established