ENGIE Fire Services Australia Pty Ltd

[2017] FWCA 4136

[2017] FWCA 4136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ENGIE Fire Services Australia Pty Ltd
(AG2017/2088)

ENGIE FIRE SERVICES NSW ELECTRICAL ENTERPRISE AGREEMENT 2016-2019

Security services
COMMISSIONER LEE	MELBOURNE, 8 AUGUST 2017

Application for approval of the ENGIE Fire Services NSW Electrical Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the ENGIE Fire Services NSW Electrical Enterprise Agreement 2016-2019 (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 Ltd. 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] I note that clause 39.5 of the Agreement makes provision that an employee agrees to reimburse the Company where the company pays for the cost of training and the employee fails to satisfactorily progress. In my view, the sub-clause may not be a permitted deduction within the meaning of s.324 of the Act and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and it does not represent a barrier to the approval of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2017. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

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Annexure A