ENGIE Fire Protection Pty Limited Summary

[2022] FWCA 1470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ENGIE Fire Protection Pty Limited

(AG2022/1131)

ENGIE Fire Protection NSW Electrical Enterprise Agreement 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 MAY 2022

Application for approval of the ENGIE Fire Protection NSW Electrical Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the ENGIE Fire Protection NSW Electrical Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

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.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 May 2022. The nominal expiry date of the Agreement is 1 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved ENGIE Fire Protection Pty Limited, which applied for approval of the ENGIE Fire Protection NSW Electrical Enterprise Agreement 2021-2025. The Fair Work Commission was the tribunal that heard the application. The dispute centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically focusing on whether it met the requirements for simplicity, clarity, and accessibility as mandated by section 233 of the Act.

The primary legal issue before the Commission was whether the agreement was sufficiently clear and simple for the employees to understand, as required by section 233(1)(b) of the Fair Work Act. The Commission also considered whether the agreement was accessible to employees, as stipulated by section 233(1)(d). These considerations were pivotal in determining the agreement's approval.

In its decision, the Commission emphasised the importance of the agreement being clear and simple, ensuring employees could readily comprehend its terms and conditions. The Commission noted that the agreement provided clear definitions, a structured format, and explanatory notes, which assisted in making the document accessible and understandable. After reviewing the evidence presented, the Commission concluded that the agreement met the legislative requirements for simplicity and clarity. Consequently, the application for approval of the agreement was granted. The Commission's decision was based on the evidence provided, which demonstrated that the agreement was sufficiently clear and accessible to the employees.

ENGIE Fire Protection Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established