DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Fire Services
(AG2016/5979)

INNOVATIVE FIRE SERVICES FIRE ALARMS INSTALLATION ENTERPRISE AGREEMENT SEPTEMBER 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Innovative Fire Services Fire Alarms Installation Enterprise Agreement September 2016.

[1] An application has been made for approval of an enterprise agreement known as the Innovative Fire Services Fire Alarms Installation Enterprise Agreement September 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Innovative Fire Services Fire 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2016. The nominal expiry date of the Agreement is 23 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Innovative Fire Services concerned an application for the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, Innovative Fire Services, sought approval for the Fire Alarms Installation Enterprise Agreement, dated September 2016. The primary issue was whether the agreement met the necessary criteria for approval under the Act, particularly whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed upon by the parties.

The legal issues at the heart of the case revolved around whether the agreement had been genuinely negotiated between the parties, and whether it provided for fair and reasonable terms and conditions of employment. The Fair Work Commission needed to determine whether the agreement complied with the requirements of section 230 of the Fair Work Act 2009. This involved examining the process by which the agreement was negotiated, whether the parties had genuinely bargained over the terms, and whether the terms themselves were fair and reasonable.

In examining the application, the Commission considered the negotiation process and the content of the agreement. The Commission found that the negotiation process had been genuine and that the agreement had been reached through proper bargaining between the parties. The terms of the agreement were also found to be fair and reasonable, providing appropriate protections and benefits for the employees. Consequently, the Commission approved the application, determining that the agreement met all the necessary criteria under the Act.

The final orders of the Commission were that the Fire Alarms Installation Enterprise Agreement dated September 2016, be approved as a registered agreement under the Fair Work Act 2009. This decision was based on the finding that the agreement had been genuinely negotiated and that it contained fair and reasonable terms and conditions. The approval of the agreement meant that it would now provide the basis for the employment terms and conditions of the relevant employees.

Innovative Fire Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established