DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/7348)

ARA FIRE PROTECTION SERVICES PTY LIMITED AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 10 JANUARY 2019

Application for approval of the ARA Fire Protection Services Pty Limited and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the ARA Fire Protection Services Pty Limited and ETU Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia as the applicant seeking approval of the Enterprise Agreement between the union and Fire Protection Services Pty Limited for the period 2018-2021. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009, particularly in terms of the provisions relating to wages, conditions, and other terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement contained all the required minimum terms and conditions, and whether any provisions were unfair within the meaning of the Fair Work Act. The Commission had to determine if the agreement provided for minimum rates of pay, penalty rates, leave entitlements, and other essential employment conditions, and whether any provisions exceeded what was reasonably necessary to achieve a fair outcome for employees.

The Commission found that the agreement satisfied the statutory requirements and contained all the mandated minimum terms and conditions. The Commission also concluded that none of the provisions were unfair, as they were considered necessary to achieve a fair outcome for the employees. The agreement provided for fair wages, appropriate penalty rates, adequate leave provisions, and other terms and conditions that met the statutory standards. The Commission approved the agreement, allowing it to come into effect.

No further orders were required as the approval of the agreement was the primary relief sought and granted.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established