Modern Fire Protection Pty Ltd

[2024] FWCA 3162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Modern Fire Protection Pty Ltd

(AG2024/3149)

MODERN FIRE PROTECTION PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Fire fighting services
COMMISSIONER JOHNS	MELBOURNE, 2 SEPTEMBER 2024

Application for approval of the Modern Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement2023 – 2026

An application has been made for approval of an enterprise agreement known as the Modern Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Modern Fire Protection Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2024 . The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Modern Fire Protection Pty Ltd, represented by their employer association, applied for the approval of the Modern Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026 under section 235 of the Fair Work Act 2009. The application was opposed by the Queensland Council of Trade Unions, acting on behalf of a group of employees. The dispute centred around the terms and conditions set forth in the proposed agreement, with the unions arguing that the agreement did not meet the requirements of the Fair Work Act.

The primary legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in terms of the process followed to negotiate the agreement and whether it adequately provided for the rights and interests of the employees. The court was tasked with determining if the agreement was fair and reasonable, and if it had been genuinely negotiated between the employer and the relevant employee representatives.

The Fair Work Commission, after reviewing the submissions and evidence, found that the application met the criteria for approval. The agreement was negotiated in good faith and provided for the rights and interests of employees. The commission held that the agreement was fair and reasonable, taking into account the economic and other circumstances relevant to the agreement. The court approved the enterprise agreement, allowing it to come into effect from the date of approval.

The final orders of the court were that the Modern Fire Protection Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026 be approved and registered under section 235 of the Fair Work Act 2009, effective from the date of the approval. The agreement was to be published in the Federal Register of Legislation, and all parties were directed to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established