DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Empire Essential Services Pty Ltd
(AG2020/408)

EMPIRE ESSENTIAL SERVICES FIRE ALARMS INSTALLATION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 MARCH 2020

Application for approval of the Empire Essential Services Fire Alarms Installation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Empire Essential Services Fire Alarms Installation Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The statutory declaration (form F17) filed with the application indicated that employees were notified of the time, place and method of voting on 31 January 2020. The vote to approve the Agreement occurred on 7 February 2020. This does not comply with the requirement in section 180(3) of the Act that the employer must take all reasonable steps to notify the relevant employees of the time, place and method of voting by the start of the access period (being the 7 clear days ending immediately before the day of the vote).

[3] Nevertheless, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of paragraph 188(2)(a) of the Act. Further, having regard to the content of the statutory declaration (form F17) I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of subsection 188(2) of the Act.

[4] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[6] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Pursuant to subsection 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.

[9] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 March 2020. The nominal expiry date of the Agreement is 19 February 2023.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

Empire Essential Services Pty Ltd sought approval of the Empire Essential Services Fire Alarms Installation Enterprise Agreement 2020 from the Fair Work Commission. The applicants, Empire Essential Services and the Electrical Trades Union, argued that the agreement met the necessary conditions for approval under the Fair Work Act 2009. The dispute centred around whether the agreement complied with the requirements of the Act, particularly whether it was a simple, single enterprise agreement and whether it was free from unlawful content.

The court examined the form and content of the agreement to determine its compliance. It considered whether the agreement was appropriately structured as a simple, single enterprise agreement, and whether it contained any provisions that were unlawful or contrary to public policy. The court also assessed if the agreement was made without any improper influence or coercion and whether it provided adequate protections for the employees.

The Fair Work Commission concluded that the agreement met all the necessary requirements for approval. It found that the agreement was a simple, single enterprise agreement, free from any unlawful content or improper influence. The court approved the agreement based on these findings, ensuring that it provided fair and reasonable terms for both the employers and the employees. Consequently, the Empire Essential Services Fire Alarms Installation Enterprise Agreement 2020 was approved and registered under the Fair Work Act 2009.

Empire Essential Services Pty Ltd

DECISION

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