DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Empire Essential Services Pty Ltd
(AG2019/4823)

EMPIRE ESSENTIAL SERVICES FIRE SPRINKLER FITTER ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER JOHNS	SYDNEY, 17 JANUARY 2020

Application for approval of the Empire Essential Services Fire Sprinkler Fitter Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Empire Essential Services Fire Sprinkler Fitter Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Empire Essential Services Pty Ltd. 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 12 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Empire Essential Services Pty Ltd applied to the Fair Work Commission for approval of the Empire Essential Services Fire Sprinkler Fitter Enterprise Agreement 2019. The respondents, including the Australian Council of Trade Unions, the Australian Workers' Union, and the United Voice, opposed the approval. They contended that the agreement did not meet the requirements under the Fair Work Act 2009, specifically section 231, which mandates that an enterprise agreement must provide for the resolution of disputes between the employer and employees and include provisions for the protection of employees' personal information.

The court considered whether the agreement contained adequate dispute resolution mechanisms and if it complied with the requirements for protecting personal information. The respondents argued that the proposed agreement did not sufficiently address the resolution of disputes and failed to provide adequate safeguards for personal information. Empire Essential Services maintained that the agreement met all legislative requirements and was in the best interests of the employees.

The Fair Work Commission examined the terms of the proposed agreement and the submissions from both parties. It concluded that the agreement did not adequately address the resolution of disputes between the employer and employees and lacked sufficient protections for personal information. Consequently, the Commission did not approve the agreement. The Commission highlighted the importance of ensuring that enterprise agreements provide for effective dispute resolution mechanisms and robust protections for personal information, in line with the requirements of the Fair Work Act 2009. The decision underscored the need for enterprise agreements to meet specific legislative criteria to be approved and registered.

Empire Essential Services 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