DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parabellum International Pty Ltd T/A Parabellum International
(AG2017/2721)

PARABELLUM INTERNATIONAL (EMERGENCY SERVICES INDUSTRY) BARROW ISLAND AGREEMENT 2017 - 2021

Fire fighting services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 4 OCTOBER 2017

Application for approval of the Parabellum International (Emergency Services Industry) Barrow Island Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Parabellum International (Emergency Services Industry) Barrow Island Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Parabellum International Pty Ltd T/A Parabellum International. 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 Parabellum International Pty Ltd T/A Parabellum International. 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 Australian Workers’ Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2017. The nominal expiry date of the Agreement is 4 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Parabellum International Pty Ltd, trading as Parabellum International, applied to the Fair Work Commission for approval of an enterprise agreement for the Emergency Services Industry. The application followed the conclusion of negotiations between the employer and the unions representing the employees, who were engaged in the provision of emergency services on Barrow Island. The Fair Work Commission, presided over by Commissioner Scott, was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it complied with the good faith bargaining provisions, and whether it included all the mandatory terms as stipulated by the Act. Additionally, the Commission needed to consider whether the agreement provided for proper dispute resolution mechanisms and if it was consistent with the principles of procedural fairness. The unions representing the employees contested the application on several grounds, including the contention that the agreement failed to adequately address certain employee entitlements and conditions.

In delivering the decision, Commissioner Scott examined the evidence presented by both parties. The Commissioner found that the agreement had been genuinely negotiated and contained all the mandatory terms as required by the Act. The Commission also concluded that the agreement was consistent with the principles of procedural fairness and provided for adequate dispute resolution mechanisms. The Commissioner rejected the unions' claims that the agreement failed to adequately address employee entitlements and conditions, finding that the provisions in the agreement were fair and reasonable. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Parabellum International (Emergency Services Industry) Barrow Island Enterprise Agreement 2017-2021. The Commission found that the agreement met the statutory requirements for approval under the Fair Work Act 2009, and no further orders were required.

Parabellum International Pty Ltd T/A Parabellum International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established