Firesafe Systems Pty Ltd Summary

[2019] FWCA 6889

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Firesafe Systems Pty Ltd

(AG2019/3316)

Firesafe Systems Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2019-2021

Fire fighting services
Deputy President Beaumont	PERTH, 8 OCTOBER 2019

Application for approval of the Firesafe Systems Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2019-2021.

Firesafe Systems Pty Ltd has made an application for the approval of an enterprise agreement known as the Firesafe Systems Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2019-2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

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 186, 187, 188, and 190 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation), 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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 8 October 2019 and, in accordance with s 54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Firesafe Systems Pty Ltd for the approval of a proposed enterprise agreement. The agreement in question was the Firesafe Systems Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2019-2021. The primary dispute centred on whether the proposed terms of the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues that the commission needed to resolve included whether the agreement met the criteria for a "modern award" as defined in the Fair Work Act. Specifically, the commission had to determine if the proposed agreement covered all necessary terms and conditions of employment, and whether it complied with the requirements for "single-touch" enterprise agreements. Furthermore, the commission needed to ensure that the agreement was made in good faith and without coercion.

In examining these issues, the commission considered the submissions from both parties and the evidence provided. The commission noted that the proposed agreement contained all the required terms and conditions of employment and met the criteria for a modern award. It was also determined that the agreement had been made in good faith and without any coercion. After careful consideration of all the evidence and submissions, the commission approved the proposed enterprise agreement. The final orders included the approval of the Firesafe Systems Pty Ltd and CEPU - Plumbing Division (WA Branch) Fire Sprinkler Services Enterprise Agreement Western Australia Contracts 2019-2021, which was to be registered and notified accordingly.

Firesafe Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established