DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGIE Fire Services Australia Pty Limited
(AG2017/1777)

ENGIE FIRE SERVICES AUSTRALIA PTY LTD SPRINKLER FITTING FIRE PROTECTION ENTERPRISE AGREEMENT NSW & ACT 2015 – 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 21 JULY 2017

Application for approval of the ENGIE Fire Services Australia Pty Ltd Sprinkler Fitting Fire Protection Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the ENGIE Fire Services Australia Pty Ltd Sprinkler Fitting Fire Protection Enterprise Agreement NSW & ACT 2015 - 2019 (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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ENGIE Fire Services Australia Pty Limited was the subject of an application to the Fair Work Commission for the approval of a proposed enterprise agreement, the ENGIE Fire Services Australia Pty Ltd Sprinkler Fitting Fire Protection Enterprise Agreement NSW & ACT 2015 - 2019. The applicant sought to have the agreement, which had been negotiated between the company and a union, approved under the Fair Work Act 2009. The nature of the dispute was primarily procedural, focusing on the correct application of the legislative framework governing enterprise agreements and whether the proposed agreement met all statutory requirements for approval.

The legal issues before the court centred on the interpretation and application of the Fair Work Act 2009. Specifically, the court needed to determine if the proposed agreement complied with the legal standards for enterprise agreements, including whether it was genuinely negotiated, contained appropriate terms and conditions, and provided for a fair and efficient workplace. The court also needed to assess whether the agreement met the statutory requirements for certification and approval, including the proper identification of bargaining representatives and the resolution of any procedural irregularities that may have occurred during the negotiation process.

In its reasoning, the court meticulously examined the procedural aspects of the agreement's negotiation and the contents of the proposed agreement. The court found that the agreement had been genuinely negotiated between the applicant and the union, and that it contained terms and conditions that were fair and efficient. The court also determined that the proposed agreement complied with all statutory requirements for certification and approval, including the proper identification of bargaining representatives. The court concluded that the procedural irregularities identified were minor and did not undermine the overall validity of the agreement. Based on this reasoning, the court approved the proposed enterprise agreement.

The final orders of the court were that the proposed enterprise agreement, the ENGIE Fire Services Australia Pty Ltd Sprinkler Fitting Fire Protection Enterprise Agreement NSW & ACT 2015 - 2019, was approved under the Fair Work Act 2009. The court's decision provided clarity on the legal requirements for enterprise agreements and reinforced the importance of genuine negotiation and procedural compliance in the context of industrial relations.

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