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

[2013] FWCA 2853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/5935)

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

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 MAY 2013

Application for approval of the Firesafe Detection Pty Ltd Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Firesafe Detection Pty Ltd Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding clause 9.11 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Firesafe Detection Pty Ltd (the Employer). The Union sought approval of the Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2015 (the Agreement). The dispute was brought before the Fair Work Commission (FWC) for adjudication.

The legal issues before the FWC involved determining whether the Agreement met the requirements of section 230 of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to assess whether the Agreement was in the best interests of the employees, whether it provided for the fair and reasonable remuneration of employees, and whether it allowed for flexibility and adaptability in the workplace. Additionally, the FWC had to consider whether the Agreement complied with the Fair Work (Registered Organisations) Act 2009 (Cth) and other relevant legislation.

The FWC carefully reviewed the terms and conditions outlined in the Agreement, taking into account the submissions from both the Union and the Employer. The FWC found that the Agreement provided for fair and reasonable remuneration for the employees, contained provisions that allowed for flexibility and adaptability in the workplace, and was in the best interests of the employees. Furthermore, the FWC determined that the Agreement complied with the relevant legislation. Consequently, the FWC approved the Agreement under section 231 of the Fair Work Act 2009 (Cth).

As a result of the FWC's decision, the Fire Alarms Contracting Commercial Sector Enterprise Agreement 2012-2015 was approved and is now in effect. The Union and the Employer must adhere to the terms and conditions outlined in the Agreement, which governs the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established