DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Force Fire & Safety Pty Ltd
(AG2018/6071)

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

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 15 MARCH 2019

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

[1] Application has been made for approval of a single enterprise agreement known as the Force Fire & Safety Pty Ltd Electrical Fire Alarm Enterprise Agreement NSW & ACT 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Force Fire & Safety Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Force Fire & Safety Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement made with its employees. The enterprise agreement, titled "Force Fire & Safety Pty Ltd Electrical Fire Alarm Enterprise Agreement NSW & ACT 2018-2021", was to govern the terms and conditions of employment for the employees in New South Wales and the Australian Capital Territory. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and if it complied with the procedural requirements set out in the Fair Work Act. Specifically, the court had to examine if the agreement was made without any improper influence or coercion, and if it was made for the purpose of establishing the terms and conditions of employment. Additionally, the court had to determine whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

In making its decision, the court examined the processes followed in the making of the agreement, including the manner in which the agreement was negotiated and the extent of employee involvement. The court also considered if the agreement provided for a fair and reasonable set of terms and conditions for the employees, and whether it was in line with the principles of industrial relations law. Ultimately, the court found that the agreement was genuinely an enterprise agreement, was made in good faith, and complied with the statutory requirements for approval.

The court approved the enterprise agreement, noting that it provided for a fair and reasonable set of terms and conditions for the employees. The court also noted that the agreement was consistent with the principles of industrial relations law and provided for a fair and efficient system for resolving workplace issues. The court's approval of the enterprise agreement means that it will now be legally binding on the parties and will govern the terms and conditions of employment for the employees in New South Wales and the Australian Capital Territory.

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