O’Neill & Brown Fire Services Pty Ltd T/A O’Neill & Brown Fire Services

[2022] FWCA 220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

O’Neill & Brown Fire Services Pty Ltd T/A O’Neill & Brown Fire Services

(AG2021/9125)

O’Neill & Brown Fire Services Pty Ltd and Employees Electrical Services Enterprise Agreement 2021-2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 27 JANUARY 2022

Application for approval of the O’Neill & Brown Fire Services Pty Ltd and Employees Electrical Services Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the O’Neill & Brown Fire Services Pty Ltd and Employees Electrical Services Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O’Neill & Brown Fire Services Pty Ltd T/A O’Neill & Brown Fire Services. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 26 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved O’Neill & Brown Fire Services Pty Ltd, trading as O’Neill & Brown Fire Services, and its employees. The primary dispute centred around the approval of the O’Neill & Brown Fire Services Pty Ltd and Employees Electrical Services Enterprise Agreement 2021-2025. The Fair Work Commission was tasked with deciding whether the agreement should be approved.

The central legal issues revolved around whether the enterprise agreement met the necessary standards under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum entitlements, was procedurally fair, and did not unfairly discriminate against any group of employees. Additionally, the Commission examined whether the agreement contained provisions that were contrary to public policy.

In reaching its decision, the Commission considered the submissions from both parties and the broader implications of the agreement. The Commission found that the agreement did provide for minimum entitlements as required by the Fair Work Act. It also determined that the agreement was procedurally fair and did not unfairly discriminate against any employees. Furthermore, the Commission confirmed that none of the provisions in the agreement were contrary to public policy. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission ordered that the O’Neill & Brown Fire Services Pty Ltd and Employees Electrical Services Enterprise Agreement 2021-2025 be approved and registered, effective from the date of the decision. The agreement would now govern the employment conditions of the employees 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