DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Fire Protection Pty Ltd
(AG2015/4888)

BRISBANE FIRE PROTECTION PTY LTD FIRE ALARMS ENTERPRISE AGREEMENT 2015- 2019

Electrical contracting industry
COMMISSIONER ROE	PERTH, 25 SEPTEMBER 2015

Application for approval of the Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Fire Protection Pty Ltd Fire Alarms Enterprise Agreement 2015-2019 (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 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 25 September 2015 and, in accordance with s.54, will operate from 2 October 2015. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Brisbane Fire Protection Pty Ltd, the Fair Work Commission (FWC) was tasked with approving the Fire Alarms Enterprise Agreement 2015-2019. The application was brought by the employer, Brisbane Fire Protection Pty Ltd, seeking endorsement of the agreement. The dispute centred on whether the agreement was made in compliance with the Fair Work Act 2009 and whether it adhered to the relevant provisions governing enterprise agreements. The FWC had to determine if the agreement met the criteria for being "genuinely agreed" and if it was free from any unfair content.

The primary legal issues before the FWC were whether the agreement was genuinely negotiated between the employer and the employees' representatives, and whether it contained provisions that were considered unfair under the Act. The employer argued that the agreement was the result of genuine negotiations and that all provisions were fair and reasonable. The employees' representatives, however, contended that certain provisions were unfair and that the agreement did not genuinely reflect the outcome of negotiations.

The FWC examined the process of negotiation and the content of the agreement. The Commission found that while the agreement was the result of negotiations, certain provisions did not meet the standard of fairness as required by the Fair Work Act. Despite the overall genuine negotiation process, specific clauses were identified as potentially unfair. After making adjustments to these clauses, the FWC concluded that the modified agreement was fair and met all legal requirements. The Commission approved the agreement, subject to the amended provisions.

The final orders of the Commission included the approval of the Fire Alarms Enterprise Agreement 2015-2019, with the specified amendments to certain clauses. The agreement was to be implemented with the modifications ensuring compliance with the Fair Work Act.

Brisbane 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