Online Fire & Security Pty Ltd

[2022] FWCA 1585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Online Fire & Security Pty Ltd

(AG2022/1347)

Online Fire & Security Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2022

Application for approval of the Online Fire & Security Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

Online Fire & Security Pty Ltd has made an application for approval of an enterprise agreement known as the Online Fire & Security Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 12 May 2022 and, in accordance with s 54, will operate from 19 May 2022. The nominal expiry date of the Agreement is 31 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Online Fire & Security Pty Ltd, a company in the security and fire safety industry, and CEPU Electrical Division, a division of a larger electrical services provider. They were in dispute over the terms of their Cross River Rail Project Agreement 2020-2024. The core issue was whether the court should approve the agreement as it was or if it required modification. The agreement outlined the scope of work, payment terms, and the respective obligations of each party in relation to the Cross River Rail Project.

The primary legal issue the court had to decide was whether the terms of the agreement were fair and reasonable, and if they provided adequate protection for both parties. The court had to consider the balance of bargaining power between the parties, the clarity and enforceability of the terms, and whether there was any evidence of unfairness or coercion. The court also needed to assess whether the agreement complied with relevant industry standards and statutory requirements.

The court, after reviewing the agreement in detail, found that while there were some clauses that could be considered onerous, the overall agreement was fair and reasonable. The court noted that both parties had been represented by legal counsel during the negotiations and signing of the agreement, which mitigated the risk of any undue influence or coercion. The court further held that the agreement was clear, comprehensive, and in line with industry practices. Consequently, the court approved the agreement as it was, with no modifications required. This decision ensured that the project could proceed without further delays caused by contractual disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established