DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum Fire Systems Pty Ltd
(AG2018/291)

PLATINUM FIRE SYSTEMS FIRE ALARMS ENTERPRISE AGREEMENT 2017 - 2020

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2018

Application for approval of the Platinum Fire Systems Fire Alarms Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Fire Systems Fire Alarms Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Fire Systems Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Platinum Fire Systems Fire Alarms Enterprise Agreement 2017 - 2020, which was negotiated between the employer, Platinum Fire Systems Pty Ltd, and the trade union, the Electrical Trades Union of Australia. The union sought to have the agreement certified as a single-enterprise agreement to ensure its enforceability and to prevent industrial action. The employer opposed the application, arguing that the union had not demonstrated sufficient support from the employees to warrant certification.

The central legal issue was whether the union had shown sufficient support from employees for the agreement to be certified. Certification requires that the union has the support of at least 30% of the employees, and that the agreement is in the interests of the employees. The employer contended that the union had not demonstrated the required support because it had not provided evidence of employee support beyond the union's own membership records. The union argued that it had provided sufficient evidence of employee support through various means, including a survey of employees.

The Commission examined the evidence presented by the union and found that it had provided sufficient evidence of employee support. The union had conducted a survey and obtained responses from a representative sample of employees, which demonstrated the requisite support. The Commission also considered that the union had shown that the agreement was in the interests of the employees, as it contained terms that were fair and reasonable. Therefore, the Commission approved the agreement, finding that it met the certification criteria. The employer's concerns about the evidence of support were not sufficient to prevent certification.

The Commission certified the Platinum Fire Systems Fire Alarms Enterprise Agreement 2017 - 2020 as a single-enterprise agreement, effective from 1 July 2017. The agreement now binds all employees who were party to the negotiation and who are covered by the agreement, regardless of whether they are members of the union. This decision ensures that the agreement is enforceable and prevents industrial action by the union.

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