Intelligent Fire Systems Pty Ltd

[2022] FWCA 1257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Intelligent Fire Systems Pty Ltd

(AG2022/979)

Intelligent Fire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 APRIL 2022

Application for approval of the Intelligent Fire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Intelligent Fire Systems Pty Ltd has made an application for approval of an enterprise agreement known as the Intelligent Fire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 8 April 2022 and, in accordance with s 54, will operate from 15 April 2022. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Intelligent Fire Systems Pty Ltd involved a dispute between the employer, Intelligent Fire Systems Pty Ltd, and the CEPU Electrical Division, represented by the Communications, Electrical and Plumbing Union. The crux of the dispute was the application for the approval of the Intelligent Fire Systems Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements for registration under the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it provided for a fair and efficient bargaining process, and whether it contained the necessary minimum terms and conditions of employment. Additionally, the Commission examined whether the agreement had been certified as a single interest employee agreement by an authorised bargaining representative.

The Commission, after reviewing the submissions and evidence presented by both parties, found that the agreement was made in good faith and provided for a fair and efficient bargaining process. It further determined that the agreement contained the requisite minimum terms and conditions of employment and had been appropriately certified. The Commission was satisfied that the agreement met the statutory requirements for approval and thus granted the application for registration. The Fair Work Commission's decision confirmed the validity and enforceability of the enterprise agreement, ensuring that it would apply to the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established