ENGIE Fire Services Australia Pty Limited

[2018] FWCA 4986

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ENGIE Fire Services Australia Pty Limited

(AG2018/1905)

ENGIE Fire Services Australia Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement 2016 - 2020

Plumbing industry
Commissioner McKinnon	MELBOURNE, 28 August 2018

Application for approval of the ENGIE Fire Services Australia Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement 2016 - 2020.

An application has been made for approval of an enterprise agreement known as the ENGIE Fire Services Australia Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement 2016 - 2020 (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.

Written undertakings have been given in accordance with s.190. 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 1 August 2020.

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 approval of the ENGIE Fire Services Australia Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement 2016 - 2020. The applicant is an employer, and the registered Australian Council of Trade Unions is the party representing the employees. The dispute revolves around whether the proposed enterprise agreement should be approved as a modern award under the Fair Work Act 2009.

The legal issues before the court were whether the agreement was a "good faith" agreement and whether it complied with the "better off overall test" under the Fair Work Act. The court had to consider if the agreement represented a genuine attempt at bargaining in good faith, and whether it provided employees with a safety net of minimum wages and conditions, ensuring they were not worse off overall than under the relevant modern award.

The Fair Work Commission found that the agreement was made in good faith and met the requirements of a simple, single-enterprise agreement. It was observed that the agreement provided employees with a safety net of minimum wages and conditions, ensuring they were not worse off overall than under the relevant modern award. The court also noted that the agreement contained provisions for casual loading, overtime, penalty rates, and allowances that were no less favourable than the relevant modern award. Therefore, the court approved the enterprise agreement.

The final orders of the Fair Work Commission were that the ENGIE Fire Services Australia Pty Ltd South Australia Sprinkler Fitters Enterprise Agreement 2016 - 2020 be approved as a modern award under the Fair Work Act 2009. This decision ensures that the agreement is legally binding on the parties and will apply to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established