DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGIE Fire Protection Pty Limited
(AG2019/4812)

ENGIE FIRE SERVICES AUSTRALIA PTY LIMITED AND ETU ENTERPRISE AGREEMENT 2019-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2020

Application for approval of the Engie Fire Services Australia Pty Limited and ETU Enterprise Agreement 2019-2021

[1] ENGIE Fire Protection Pty Limited has made an application for approval of an enterprise agreement known as the Engie Fire Services Australia Pty Limited and ETU Enterprise Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, 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 31 January 2020 and, in accordance with s 54, will operate from 7 February 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ENGIE Fire Protection Pty Limited, sought approval of the Engie Fire Services Australia Pty Limited and ETU Enterprise Agreement 2019-2021. The matter was heard by the Fair Work Commission. The applicant sought approval of the agreement, which contained various terms and conditions of employment, including wages, leave entitlements, and dispute resolution mechanisms. The applicant argued that the agreement was appropriate and met the requirements of the Fair Work Act 2009.

The legal issues before the court involved determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees. The applicant needed to demonstrate that the agreement provided fair and reasonable terms and conditions of employment, and that it was not detrimental to the employees. The applicant also needed to show that the agreement had been negotiated in good faith and that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees. The Commission found that the agreement provided fair and reasonable terms and conditions of employment, and that it was not detrimental to the employees. The Commission also found that the agreement had been negotiated in good faith and that it met the requirements of the Fair Work Act 2009. The Commission approved the agreement, subject to certain conditions.

The Fair Work Commission approved the Engie Fire Services Australia Pty Limited and ETU Enterprise Agreement 2019-2021, subject to certain conditions. The applicant was required to provide certain information to the employees and to make certain changes to the agreement. The Commission also made orders in relation to the enforcement of the agreement and the resolution of any disputes that may arise under the agreement. The applicant was required to comply with the conditions of approval and to ensure that the agreement was implemented in accordance with the Commission's orders.

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