DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGIE Fire Services Australia Pty Limited
(AG2017/4179)

ENGIE FIRE SERVICES SOUTH AUSTRALIA PORTABLE SERVICE AND INSPECTION & TESTING TECHNICIAN ENTERPRISE AGREEMENT 2017-2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Spectrum Fire & Security SA Portable Service and Inspection & Testing Technician Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the ENGIE Fire Services South Australia Portable Service and Inspection & Testing Technician Enterprise Agreement 2017-2021 (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 Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 November 2017 and, in accordance with s.54, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 November 2021.

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 Spectrum Fire & Security SA Portable Service and Inspection & Testing Technician Enterprise Agreement 2017-2021. The dispute centred on whether the agreement was in the best interests of the employees covered by it, considering the provisions regarding pay rates, conditions, and the use of subcontractors. The Commission was tasked with evaluating the agreement under the Fair Work Act 2009 to determine if it met the requirements for being a 'better off overall test' (BOOT) agreement.

The legal issues before the Commission included whether the proposed pay rates and conditions in the agreement were fair and reasonable, if the provisions regarding the use of subcontractors were compliant with the Act, and whether the agreement provided a fair balance of benefits and detriments to the employees. The Commission needed to ensure that the agreement did not unfairly disadvantage employees and that it provided for fair terms and conditions of employment.

The Fair Work Commission approved the agreement, finding that it was in the best interests of the employees. The Commission noted that the proposed pay rates and conditions were fair and reasonable, and that the provisions regarding the use of subcontractors did not unjustifiably disadvantage employees. The Commission concluded that the agreement provided a fair balance of benefits and detriments, meeting the BOOT requirement under the Fair Work Act 2009.

The final orders of the Commission were that the Spectrum Fire & Security SA Portable Service and Inspection & Testing Technician Enterprise Agreement 2017-2021 be approved, effective from the date of the decision.

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