DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Fire Services Pty Ltd
(AG2021/4070)

INNOVATIVE FIRE SERVICES FIRE ALARMS INSTALLATION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 25 MARCH 2021

Application for approval of the Innovative Fire Services Fire Alarms Installation Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Innovative Fire Services Fire Alarms Installation Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Innovative Fire Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 18 March 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2021. The nominal expiry date of the Agreement is 1 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Innovative Fire Services Pty Ltd recently appeared before the Fair Work Commission, which was tasked with approving a proposed enterprise agreement for the company's fire alarms installation workers. The application for approval was brought by the company itself, seeking to have the agreement recognised as a lawful and fair workplace arrangement. The legal issues before the Commission included whether the agreement complied with the necessary legal requirements under the Fair Work Act 2009 and whether it was made in good faith and without any coercion. The Commission's decision hinged on a thorough examination of the agreement's provisions, the bargaining process, and compliance with the relevant statutory criteria. The Commission found that the agreement was made in good faith, without any unfair coercion, and met the necessary procedural requirements. Furthermore, it concluded that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The Commission approved the proposed agreement, recognising it as a lawful and effective enterprise agreement for the fire alarms installation workers at Innovative Fire Services Pty Ltd. The approval ensures that the terms and conditions of employment, as set out in the agreement, are legally binding on both the company and its employees.

Innovative Fire Services 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