DECISION

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

Platinum Fire Systems Pty Ltd
(AG2015/263)

PLATINUM FIRE SYSTEMS FIRE ALARMS ENTERPRISE AGREEMENT 2014 - 2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 FEBRUARY 2015

Application for approval of the Platinum Fire Systems Fire Alarms Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Fire Systems Fire Alarms Enterprise Agreement 2014 - 2017 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 5 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Platinum Fire Systems Pty Ltd and its employees represented by the United Voice union. The dispute centred on the approval of the Fire Alarms Enterprise Agreement 2014 - 2017, with the union arguing that certain provisions within the agreement were not fair and reasonable. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue for the Fair Work Commission to address was whether the agreement's provisions met the threshold criteria for approval as outlined in section 231 of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement was genuinely intended to be a bargain between the parties, if it covered a "single enterprise," and if it provided for "good faith" bargaining. The Commission also considered whether the agreement contained terms and conditions that were fair and reasonable in all respects.

The Fair Work Commission found that the Fire Alarms Enterprise Agreement 2014 - 2017 met the criteria for approval. The Commission concluded that the agreement was a genuine attempt by the parties to negotiate terms and conditions of employment, and that it covered a single enterprise. Additionally, the Commission found that the agreement provided for good faith bargaining and that the terms and conditions were fair and reasonable. Consequently, the Commission approved the agreement, subject to certain conditions.

The Fair Work Commission ordered that the Fire Alarms Enterprise Agreement 2014 - 2017 be approved as a registered agreement under the Fair Work Act 2009. The Commission also specified that certain conditions, including a review of the agreement's provisions in two years, must be met to maintain the agreement's registration. This decision ensures that the terms of the agreement remain fair and reasonable for all parties involved.

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