DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGIE Fire Services Australia Pty Limited T/A ENGIE Fire Services Australia Pty Limited
(AG2018/6229)

ENGIE FIRE SERVICES AUSTRALIA PTY LTD SA ELECTRICAL ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 24 MAY 2019

Application for approval of the ENGIE Fire Services Australia Pty Ltd SA Electrical Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the ENGIE Fire Services Australia Pty Ltd SA Electrical 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 T/A 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 31 May 2019. 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 T/A ENGIE Fire Services Australia Pty Limited applied to the Fair Work Commission for approval of their Enterprise Agreement, which governs the terms and conditions of employment for their employees. The dispute arose when the company sought to implement the agreement, which had been negotiated between the employer and the union representing the employees. The Fair Work Commission was the court responsible for determining whether the agreement met the legal criteria for approval.

The primary legal issue the court had to address was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a "good faith" agreement, whether it contained the required "protected action provisions," and if it met the "better off overall test." The court also had to consider if the agreement was procedurally sound, with appropriate bargaining and consultation processes in place.

The Fair Work Commission found that the Enterprise Agreement met the legal criteria for approval. The court determined that the agreement was made in good faith, contained the necessary protected action provisions, and passed the better off overall test. The court also confirmed that the bargaining and consultation processes were appropriate and in line with the requirements of the Fair Work Act 2009. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the ENGIE Fire Services Australia Pty Ltd SA Electrical Enterprise Agreement 2016-2020, recognising it as a valid and legally binding agreement between the employer and the union representing the employees. The court's decision confirmed the agreement's compliance with the Fair Work Act 2009 and the procedural requirements for Enterprise Agreements. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by the negotiated provisions, providing stability and clarity in the workplace.

ENGIE Fire Services Australia Pty Limited T/A 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