DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ENGIE Fire Services Australia Pty Limited
(AG2019/2273)

ENGIE FIRE SERVICES AUSTRALIA PTY LTD QLD SPRINKLER FITTER ENTERPRISE AGREEMENT 2018-2022

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 JULY 2019

Application for variation of the ENGIE Fire Services Australia Pty Ltd QLD Sprinkler Fitter Enterprise Agreement 2018-2022.

[1] An application has been made for approval of a variation to the ENGIE Fire Services Australia Pty Ltd QLD Sprinkler Fitter Enterprise Agreement 2018-2022 (the Agreement). The application was made by ENGIE Fire Services Australia Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 23 January 2019. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 23 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ENGIE Fire Services Australia Pty Limited applied to the Fair Work Commission for a variation of the Queensland Sprinkler Fitter Enterprise Agreement 2018-2022. The application was made under section 234 of the Fair Work Act 2009, seeking changes to the agreement's terms and conditions to address issues that had arisen since the agreement was signed. The Australian Council of Trade Unions (ACTU) opposed the application, arguing that the changes sought were not justified under the relevant provisions of the Act.

The central legal issues before the Commission were whether the changes proposed by ENGIE Fire Services were necessary to adapt the enterprise agreement to changed circumstances, and whether the application met the statutory criteria for approval. The Commission had to determine whether the proposed changes were consistent with the principles of good faith bargaining and whether they would result in a fair and reasonable outcome for all parties involved.

The Fair Work Commission considered the evidence and submissions from both parties. It concluded that the changes sought by ENGIE Fire Services were necessary to address significant operational challenges and to ensure the continued viability of the business. The Commission found that the application met the statutory criteria for approval, as the changes were necessary to adapt the agreement to changed circumstances and would result in a fair and reasonable outcome for all parties involved. The Commission also noted that the changes proposed were consistent with the principles of good faith bargaining and were not unreasonable.

The Fair Work Commission approved the application and made the orders sought by ENGIE Fire Services. The varied enterprise agreement will now include the changes necessary to address the operational challenges faced by the business and to ensure its continued viability. The ACTU's opposition to the application was unsuccessful, and the Commission's decision is final and binding on all parties.

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