DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Fire Protection Services Pty Ltd
(AG2021/4197)

PRECISION FIRE PROTECTION SERVICES PTY LTD - ELECTRICAL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT DEAN	SYDNEY, 26 MARCH 2021

Application for approval of the Precision Fire Protection Services Pty Ltd - Electrical Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Precision Fire Protection Services Pty Ltd - Electrical Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precision Fire Protection Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that clause 37 (Abandonment of employment) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2021. The nominal expiry date of the Agreement is 2 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Precision Fire Protection Services Pty Ltd applied to the Fair Work Commission for approval of their enterprise agreement. The agreement was between the company and its employees, and it covered the period from 2020 to 2023. The dispute centred on whether the agreement complied with relevant Australian workplace laws, specifically the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for "simplification and flexibility" as outlined in the Fair Work Act, and whether it included all the mandated minimum terms and conditions for employees. The Commission had to determine if the agreement provided sufficient protections for employees and if it was free from any unfair or discriminatory provisions.

In examining the agreement, the Commission found that it contained all necessary minimum terms and conditions and provided adequate employee protections. The agreement also met the requirements for simplification and flexibility as it streamlined processes and included provisions for greater adaptability in the workplace. Given these findings, the Commission approved the agreement, stating that it was fair and balanced and met the legal standards set out in the Fair Work Act.

The Fair Work Commission approved the Precision Fire Protection Services Pty Ltd - Electrical Enterprise Agreement 2020-2023. This decision confirmed that the agreement was in compliance with Australian workplace laws and provided fair terms for both the company and its employees.

Precision Fire Protection Services 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