Engie Fire Protection Pty Ltd Summary

[2022] FWCA 170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Engie Fire Protection Pty Ltd

(AG2021/9221)

ENGIE Fire Protection Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement -2021-2025

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 24 JANUARY 2022

Application for approval of the ENGIE Fire Protection Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement -2021-2025

An application has been made for approval of an enterprise agreement known as the ENGIE Fire Protection Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement -2021-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Engie Fire Protection Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 21 January 2022 and was determined on the papers.

The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” (CEPU), 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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Engie Fire Protection Pty Ltd sought approval of their Enterprise Agreement for South Australian sprinkler fitters, covering the period from 2021 to 2025. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, who raised concerns about the terms and conditions outlined in the agreement.

The primary legal issue before the Commission was whether the proposed agreement contained all the mandated minimum terms and conditions and whether it was made in good faith and without coercion, as required by the Fair Work Act. The Commission also needed to assess if the agreement appropriately covered the bargaining unit, and whether the process leading to its creation was fair and transparent. Additionally, the Commission considered whether the agreement would have a detrimental effect on employees and whether it adequately provided for the resolution of future disputes.

The Fair Work Commission examined the arguments presented by both parties and reviewed the proposed agreement in detail. The Commission found that the agreement contained all the mandated minimum terms and conditions, was made in good faith, and was not the result of any form of coercion. The Commission was satisfied that the bargaining unit was appropriately covered and that the process leading to the creation of the agreement was fair and transparent. Furthermore, the Commission determined that the agreement would not have a detrimental effect on employees and provided for adequate dispute resolution mechanisms. Based on these findings, the Commission approved the proposed agreement, allowing it to come into effect from the specified date.

Consequently, the Fair Work Commission granted approval for the Engie Fire Protection Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement -2021-2025, making it a legally binding document between the employer and the employees.

Engie Fire Protection Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established