DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGIE Fire Services Australia Pty Limited
(AG2018/4994)

ENGIE FIRE SERVICES AUSTRALIA PTY LTD QLD SPRINKLER FITTER ENTERPRISE AGREEMENT 2018-2022

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 23 JANUARY 2019

Application for approval of the ENGIE Fire Services Australia Pty Ltd QLD Sprinkler Fitter Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the ENGIE Fire Services Australia Pty Ltd QLD Sprinkler Fitter Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ENGIE Fire Services Australia Pty Limited. 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, 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) 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 30 January 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ENGIE Fire Services Australia Pty Limited was involved in a dispute regarding the approval of their Queensland Sprinkler Fitter Enterprise Agreement 2018-2022. The application for approval of the agreement was heard by the Fair Work Commission. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court was tasked with determining whether the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant national employment standards or modern awards. The dispute also involved examining whether the agreement complied with the procedural requirements for its making and if it was genuinely an agreement between the parties. Furthermore, the court had to consider if the agreement included proper dispute resolution mechanisms and whether it was in the best interests of the employees involved.

The Fair Work Commission found that the agreement did indeed provide for minimum terms and conditions that were at least as favourable as the national employment standards and modern awards. The court also determined that the agreement was genuinely an enterprise agreement and had been made following the appropriate procedural requirements. The commission was satisfied that the agreement included adequate dispute resolution mechanisms and that it was in the best interests of the employees. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the ENGIE Fire Services Australia Pty Ltd QLD Sprinkler Fitter Enterprise Agreement 2018-2022 was approved and registered with the Fair Work Commission. This decision confirmed the agreement as a binding and enforceable contract between the employer and the employees covered by the agreement.

ENGIE Fire Services Australia 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