DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EndFire Engineering Services Pty Ltd
(AG2018/1471)

ENDFIRE ENGINEERING FIRE SYSTEM SERVICES AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2018

Application for approval of the EndFire Engineering Fire System Services Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the EndFire Engineering Fire System Services 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 EndFire Engineering 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 August 2018 and, in accordance with s.54, will operate from 13 August 2018. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EndFire Engineering Services Pty Ltd recently brought an application before the court, seeking approval for the EndFire Engineering Fire System Services Agreement 2018-2021. The applicant, a fire protection services provider, sought the court's intervention to validate the terms and conditions of the agreement, which outlined the services to be rendered and the remuneration for the services. The agreement in question involved the provision of maintenance and inspection services for fire protection systems. The applicant argued that the agreement was fair and reasonable and should be approved to ensure the continuity of essential fire safety services.

The primary legal issue before the court was whether the terms and conditions of the EndFire Engineering Fire System Services Agreement 2018-2021 were fair and reasonable. The court examined the agreement's provisions, including the scope of services, remuneration, and the obligations of both parties. Additionally, the court considered whether the agreement complied with relevant statutory provisions and industry standards. The applicant argued that the agreement was fair and reasonable, while the respondent, who was not explicitly named in the summary, did not present any objections.

The court found that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the services provided and the remuneration agreed upon. The court noted that the agreement complied with relevant statutory provisions and industry standards, and that the obligations and responsibilities of both parties were clearly defined. The court also found that the remuneration was commensurate with the services provided and did not unduly favour one party over the other. As a result, the court approved the EndFire Engineering Fire System Services Agreement 2018-2021.

The court's decision was that the terms and conditions of the EndFire Engineering Fire System Services Agreement 2018-2021 were fair and reasonable, and the agreement was approved. The court's approval ensured the continuity of essential fire safety services and provided clarity and certainty for both parties involved in the agreement.

EndFire Engineering 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