DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Platinum Fire Systems Pty Ltd
(AG2020/3273)

PLATINUM FIRE SYSTEMS FIRE ALARMS ENTERPRISE AGREEMENT 2020 - 2023

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 30 NOVEMBER 2020

Application for approval of the Platinum Fire Systems Fire Alarms Enterprise Agreement 2020 - 2023.

[1] Platinum Fire Systems Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Platinum Fire Systems Fire Alarms Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee bargaining representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from the employee bargaining representative to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involved Platinum Fire Systems Pty Ltd, an applicant seeking approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the Platinum Fire Systems Fire Alarms Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission, which had jurisdiction to approve or reject the enterprise agreement under the Fair Work Act 2009.

The central legal issue for the Commission to address was whether the enterprise agreement met the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement was made in good faith, whether it provided for the proper classification and remuneration of employees, and whether it complied with the provisions concerning employee representation and dispute resolution. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any class of employee.

The Fair Work Commission, after reviewing the submissions and evidence presented by both parties, concluded that the enterprise agreement was made in good faith and was compliant with the statutory requirements. The Commission found that the agreement appropriately classified and compensated employees and provided for necessary employee representation and dispute resolution mechanisms. The agreement was deemed to be fair and did not unfairly disadvantage any class of employee. Consequently, the Commission approved the Platinum Fire Systems Fire Alarms Enterprise Agreement 2020-2023.

The final orders of the Commission were that the Platinum Fire Systems Fire Alarms Enterprise Agreement 2020-2023 be approved and registered under the Fair Work Act 2009. This decision allowed the agreement to come into effect and bind the parties involved, providing a framework for industrial relations between Platinum Fire Systems and its employees for the duration of the agreement.

Platinum Fire Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established