ENGIE Fire Services Australia Pty Limited

[2018] FWCA 7247

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ENGIE Fire Services Australia Pty Limited

(AG2018/3567)

ENGIE Fire Services Portable Service Technician Enterprise Agreement 2018-2022

Manufacturing and associated industries
Commissioner Gregory	MELBOURNE, 27 NOVEMBER 2018

Application for approval of the ENGIE Fire Services Portable Service Technician Enterprise Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the ENGIE Fire Services Portable Service Technician 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2018. The nominal expiry date of the Agreement is 26 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ENGIE Fire Services Australia Pty Limited applied to the Fair Work Commission for the approval of the ENGIE Fire Services Portable Service Technician Enterprise Agreement 2018-2022. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about the agreement's provisions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval, particularly under the Fair Work Act 2009. The key issues included whether the agreement had been genuinely bargained and whether it provided for minimum entitlements and dispute resolution processes.

The Fair Work Commission examined the evidence provided by both parties and considered the principles of genuine bargaining and the protections afforded under the Fair Work Act. It assessed whether the agreement provided for minimum rates of pay, conditions, and dispute resolution mechanisms, and whether there were any provisions that could be considered detrimental to employees. The Commission also considered the union's objections and the employer's responses to those objections. After reviewing the submissions and the evidence, the Commission concluded that the agreement had been genuinely bargained and provided for the required minimum entitlements and dispute resolution processes. The Commission approved the agreement, finding that it met all the necessary legal criteria.

Consequently, the Fair Work Commission approved the ENGIE Fire Services Portable Service Technician Enterprise Agreement 2018-2022, finding it to be compliant with the Fair Work Act. The decision was made on the basis that the agreement was a genuine product of bargaining, provided for the required minimum terms and conditions, and included appropriate dispute resolution mechanisms. This approval allows the agreement to be registered and enforceable as a registered agreement, providing a framework for employment conditions between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established