DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GEM Fire Service Pty Ltd
(AG2018/6819)

GEM FIRE SERVICE AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 16 JANUARY 2019

Application for approval of the Gem Fire Service and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Gem Fire Service and ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GEM Fire Service Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by the employer, GEM Fire Service Pty Ltd, for approval of an enterprise agreement between the company and the Electrical Trades Union (ETU). The matter was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, provided a fair and efficient workplace, and met the procedural requirements set out in the Act. Additionally, the Commission examined whether the agreement complied with the National Employment Standards and if the proper consultation processes were followed.

In its decision, the Commission found that the agreement met the legislative criteria for approval. The Commission acknowledged that the agreement provided for fair and efficient workplace arrangements, addressed the needs of both parties, and was in the public interest. The Commission also determined that the agreement complied with the National Employment Standards and that the required consultation processes had been followed. Consequently, the Commission approved the agreement, highlighting its positive aspects for both the employer and the employees.

The Commission's final order was the approval of the Gem Fire Service and ETU Enterprise Agreement 2017-2021, effective from the date of the decision. This decision provides a binding framework for the employment conditions of the workers covered by the agreement, ensuring compliance with Australian labour laws.

GEM Fire Service 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