Leemark Fire Protection Pty Ltd

[2022] FWCA 3119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leemark Fire Protection Pty Ltd

(AG2022/3651)

Leemark Fire Protection Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 SEPTEMBER 2022

Application for approval of the Leemark Fire Protection Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Leemark Fire Protection Pty Ltd has made an application for approval of an enterprise agreement known as the Leemark Fire Protection Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 8 September 2022 and, in accordance with s 54, will operate from 15 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Leemark Fire Protection Pty Ltd applied for approval of the Leemark Fire Protection Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The applicant was represented by Mr. J. Smith, and the respondent, the Electrical Trades Union, was represented by Mr. C. Jones. The matter was heard in the Fair Work Commission.

The legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement was in the interests of employees, and whether the agreement complied with the good faith obligations and minimum entitlements provisions of the Act. The Commission needed to determine whether the agreement was sufficiently clear and whether it provided for the fair and equitable treatment of employees.

The Commission found that the agreement met the requirements of the Fair Work Act 2009. The agreement was clear and provided for the fair and equitable treatment of employees. The Commission was satisfied that the agreement was in the interests of the employees and that it complied with the good faith obligations and minimum entitlements provisions of the Act. The Commission approved the agreement, finding that it was appropriate for the employees to have the opportunity to vote on the agreement.

The Commission made an order approving the Leemark Fire Protection Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The order provided that the agreement would be taken to be approved if, following a vote of the employees, a majority of those who voted were in favour of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established