DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/9776)

FIRESAFE DETECTION PTY LTD FIRE ALARMS CONTRACTING COMMERCIAL SECTOR ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JANUARY 2015

Application for variation of the Firesafe Detection Pty Ltd Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2017.

[1] On 5 November 2014, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), applied under s.210 of the Fair Work Act 2009 (the Act) for approval of a variation of the Firesafe Detection Pty Ltd Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2017 1 (the Agreement).

[2] The parties bound by the Agreement, as approved on 8 May 2013 2 are Firesafe Detection Pty Ltd (Firesafe), the employees of Firesafe when they are engaged in the fire alarm contracts department, employed to carry out work undertaken in the Major Commercial Sector of the Building/Electrical Contracting Industry and the CEPU.

[3] I am satisfied that had an application been made under s.185 of the Act for the approval of the Agreement as proposed to be varied, I would have been required to approve the agreement under s.186 of the Act.

[4] The variations to the Agreement are attached to this decision as Attachment A.

[5] My satisfaction as to s.212 of the Act is subject to a written undertaking, provided in relation to concerns raised by me in respect of approval of the Agreement as varied, which is attached to this decision as Attachment B. A copy of the undertaking is also attached to the Agreement.

[6] A consolidated version of the Agreement, as varied, is attached to this decision.

[7] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 21 January 2015.

SENIOR DEPUTY PRESIDENT

ATTACHMENT A

ATTACHMENT B

1 AE401145

2 [2013] FWCA 2853

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary the Firesafe Detection Pty Ltd Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2017. The union sought to alter the agreement in order to increase wages for certain employees within the commercial sector. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were justified under the provisions of the Fair Work Act 2009. The union argued that the changes were necessary to address the needs of employees who had been underpaid, while the employer contended that the proposed changes would have an adverse effect on the business and were not justified. The Commission was required to determine whether the changes met the requirements of the Act, including whether they were in the interests of fairness and efficiency.

In delivering its decision, the Commission considered the evidence presented by both parties and the relevant legal framework. The Commission found that the proposed changes were justified as they aimed to rectify underpayments and ensure fair wages for employees. The Commission also noted that the changes would not have a significant adverse effect on the employer’s business. As a result, the Commission approved the variation of the enterprise agreement.

The Fair Work Commission varied the Firesafe Detection Pty Ltd Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2017 in accordance with the application made by the union. The variation included an increase in wages for certain employees, effective from a specified date. The employer was directed to implement the changes within a specified period.

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