DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Fire Solutions
(AG2018/6402)

NATIONAL FIRE SOLUTIONS PTY LTD - COLLECTIVE AGREEMENT - ELECTRICIANS AND SERVICEMEN (SYDNEY)

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JUNE 2019

Application for approval of the National Fire Solutions Pty Ltd - Collective Agreement - Electricians and Servicemen (Sydney).

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions Pty Ltd - Collective Agreement - Electricians and Servicemen (Sydney) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Fire Solutions. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 25 June 2019. The nominal expiry date of the Agreement is 13 November 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were National Fire Solutions Pty Ltd, an employer, and the Electrical Trades Union of Australia, representing employees. The dispute centred around the approval of a collective agreement for electricians and servicemen in Sydney. The matter was brought before the Fair Work Commission, an Australian industrial relations tribunal.

The legal issues at hand required the Commission to determine whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing if the agreement was made in good faith and whether it addressed the terms and conditions of employment fairly and appropriately. The Commission also had to consider if the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement was indeed made in good faith and that it contained fair and reasonable terms and conditions of employment. It was also determined that the agreement met all the statutory requirements. The Commission approved the collective agreement, recognising it as a valid instrument under the Fair Work Act 2009.

The Fair Work Commission granted approval for the National Fire Solutions Pty Ltd - Collective Agreement - Electricians and Servicemen (Sydney), affirming its compliance with the applicable legislation. This decision sets a precedent for similar cases and provides clarity for future collective agreements within the industry.

National Fire Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established