DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGIE Fire Protection Pty Limited
(AG2019/5165)

ENGIE FIRE PROTECTION PTY LTD QLD ELECTRICAL ENTERPRISE AGREEMENT 2019 - 2022

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 13 FEBRUARY 2020

Application for approval of the ENGIE Fire Protection Pty Ltd QLD Electrical Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the ENGIE Fire Protection Pty Ltd QLD Electrical Enterprise Agreement 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ENGIE Fire Protection Pty Limited (Employer). The Agreement is a single enterprise agreement.

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

[3] The Agreement lodged contained administrative errors at clauses 4 and 11.1.3. On 29 January 2020, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 13 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ENGIE Fire Protection Pty Limited, sought approval of an enterprise agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees covered by the agreement, which spanned from 2019 to 2022. The Fair Work Commission was the body tasked with reviewing and approving the agreement.

The legal issues before the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it was made in good faith and protected the employees' rights. The applicant argued that the agreement was fair and reasonable and had been made in good faith, while no objections were raised by the employees or other parties involved.

The Fair Work Commission found that the enterprise agreement met the statutory requirements for approval. It was satisfied that the agreement had been made in good faith and was fair and reasonable, taking into account the need for flexibility in the workplace and the specific circumstances of the parties. The Commission also found that the agreement provided appropriate protections for the employees and did not disadvantage them in any way. As a result, the Commission approved the agreement.

The Fair Work Commission approved the ENGIE Fire Protection Pty Ltd QLD Electrical Enterprise Agreement 2019-2022, finding that it met the statutory requirements for approval under the Fair Work Act 2009. The agreement is now in effect and governs the terms and conditions of employment for the employees covered by it.

ENGIE Fire Protection Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established