National Fire Solutions (QLD) Pty Ltd

[2018] FWCA 1531

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

National Fire Solutions (QLD) Pty Ltd

(AG2017/6043)

National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 MARCH 2018

Application for variation of the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018.

An application has been made for approval of a variation to the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018 (the Agreement). The application was made by National Fire Solutions (QLD) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.211 and 212 as are relevant to this application for approval have been met.

The Agreement was originally approved on 20 January 2016. At the time of its approval, clause 2 of the Agreement provided that ‘this agreement shall be binding upon CEPU Electrical Communications Postal Plumbing and Allied Trades Union ETU Division Brisbane Branch (The Union)’. After making some enquiries with the Applicant with respect to this clause, it is apparent that its inclusion was the result of an administrative error. As such, pursuant to section 586 of the Act, clause 2 of the Agreement is taken to have no effect to the extent that it refers to the CEPU Electrical Communications Postal Plumbing and Allied Trades Union ETU Division Brisbane Branch (The Union).

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 14 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved National Fire Solutions (QLD) Pty Ltd, an employer, and the Queensland Building and Construction Workers Union, representing employees. The dispute centred around the variation of the existing Enterprise Agreement, specifically the Fire Alarm Minor Works Service and Fire Systems Testing provisions. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issue was whether the proposed changes to the Enterprise Agreement constituted a minor variation or a major one, as the latter requires additional steps under the Fair Work Act 2009. The crux of the matter was the interpretation of the term "minor works" and whether the proposed changes fit within this definition. The court had to determine if the changes were significant enough to warrant a more rigorous process for their implementation.

The Fair Work Commission found that the proposed changes constituted minor variations under the Act. The Commission considered the nature of the changes and their impact on the employees and concluded that they did not significantly alter the employees' conditions of employment. The decision was based on a detailed analysis of the specific changes proposed and their implications. The Commission's reasoning highlighted the importance of maintaining a balance between the rights of employers to manage their businesses and the protections afforded to employees under industrial laws.

As a result of the decision, the proposed changes to the Enterprise Agreement were approved as minor variations. This allowed the employer to implement the changes without the need for additional steps, such as bargaining in good faith or seeking approval from the Fair Work Commission. The decision underscores the importance of clear and precise language in Enterprise Agreements and the need for careful consideration when proposing changes to ensure they align with the relevant legal framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established