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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of ENGIE Fire Services Australia Pty Ltd, the Fair Work Commission was asked to consider the approval of the ENGIE Fire Services NSW Electrical Enterprise Agreement 2016-2019. The applicant, ENGIE, sought to have the agreement approved as a modern award, replacing the previous enterprise agreement which had expired. The application was made in accordance with the relevant provisions of the Fair Work Act 2009. The dispute primarily centred around whether the proposed agreement met the criteria for approval as a modern award, including whether it provided for a safety net of minimum wages and conditions, and whether it was procedurally fair.

The central legal issues before the Commission included whether the proposed agreement adequately covered the necessary safety net provisions, and whether there was sufficient evidence to demonstrate that the agreement had been fairly and appropriately negotiated. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or that unfairly disadvantaged certain employees. The Commission also examined whether the applicant had taken all reasonable steps to ensure that the agreement was brought to the attention of the employees and whether the employees had been given a reasonable opportunity to express their views on the agreement.

The Commission found that the proposed agreement met the necessary criteria for approval as a modern award. It concluded that the agreement provided for a safety net of minimum wages and conditions that was not less favourable than the applicable award. The Commission was satisfied that the negotiation process was procedurally fair and that the agreement had been brought to the attention of the employees. Furthermore, the Commission found no provisions in the agreement that were contrary to public policy or that unfairly disadvantaged any employees. Accordingly, the Commission approved the ENGIE Fire Services NSW Electrical Enterprise Agreement 2016-2019 as a modern award.

The final orders of the Commission included the approval of the proposed agreement as a modern award, effective from the date of the decision. The Commission also directed that the agreement be registered with the relevant authorities and that it be published to ensure transparency and accessibility for all parties involved. This decision serves as a clear example of the Commission's role in overseeing the approval of enterprise agreements and ensuring that they meet the statutory requirements for modern awards.

ENGIE Fire Services Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established