DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Force Fire & Safety Pty Ltd
(AG2021/5627)

FORCE FIRE & SAFETY PTY LTD ELECTRICAL FIRE ALARM ENTERPRISE AGREEMENT NSW & ACT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 JULY 2021

Application for variation of the Force Fire & Safety Pty Ltd Electrical Fire Alarm Enterprise Agreement NSW & ACT 2018-2021.

[1] An application has been made for approval of a variation to the Force Fire & Safety Pty Ltd Electrical Fire Alarm Enterprise Agreement NSW & ACT 2018-2021 (the Agreement). The application was made by Force Fire & Safety Pty Ltd 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] 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
15 March 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 2 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Force Fire & Safety Pty Ltd, the applicant sought a variation to the Electrical Fire Alarm Enterprise Agreement NSW & ACT 2018-2021. The applicant argued that changes in the business environment necessitated alterations to the existing agreement to ensure operational efficiency and financial viability. The application was heard by the Fair Work Commission, which had to determine whether the proposed changes were reasonable in the circumstances.

The central legal issue before the Commission was whether the applicant had demonstrated that there were exceptional circumstances warranting a variation of the enterprise agreement. The Commission had to assess the applicant's evidence regarding the need for changes, including the impact of economic conditions, changes in the business model, and the need for flexibility in employee roles. Additionally, the Commission had to consider the potential impact on employees and whether any proposed changes were fair and reasonable.

The Fair Work Commission found that the applicant had not sufficiently demonstrated the exceptional circumstances necessary to justify a variation of the enterprise agreement. While acknowledging the challenges faced by the business, the Commission determined that the applicant had not provided adequate evidence to support the need for the proposed changes. The Commission emphasised the importance of maintaining fair and balanced outcomes for both employers and employees. Consequently, the application for variation was dismissed.

The Fair Work Commission ordered that the Electrical Fire Alarm Enterprise Agreement NSW & ACT 2018-2021 remain in effect without the proposed variations. The Commission's decision underscored the need for a thorough and compelling case when seeking to alter an existing enterprise agreement.

Force Fire & Safety 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