DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Fire Protection Services Pty Ltd T/A Precision Fire Protection Services
(AG2017/2512)

PRECISION FIRE PROTECTION SERVICES PTY LTD, - ENTERPRISE AGREEMENT 2017 - 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 SEPTEMBER 2017

Application for approval of the Precision Fire Protection Services Pty Ltd, - Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Precision Fire Protection Services Pty Ltd, - 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 Precision Fire Protection Services Pty Ltd T/A Precision Fire Protection Services. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 22 September 2017 and, in accordance with s.54, will operate from 29 September 2017. The nominal expiry date of the Agreement is 22 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Precision Fire Protection Services Pty Ltd, trading as Precision Fire Protection Services, applied for the approval of the Precision Fire Protection Services Pty Ltd, Enterprise Agreement 2017-2020. The Fair Work Commission was tasked with considering the application, as the agreement fell within its purview under the Fair Work Act 2009. The application was made under section 232 of the Act, and the dispute centred on whether the agreement met the necessary criteria for approval.

The legal issues before the Commission were primarily whether the agreement provided for fair and reasonable terms and conditions of employment and whether it contained the necessary minimum terms as stipulated by the Act. The Commission needed to ensure that the agreement did not undermine the safety and health of employees, did not discriminate against any group, and did not unfairly disadvantage any party. Additionally, the Commission had to verify that the agreement was made in good faith and without coercion.

In examining the agreement, the Commission considered various factors, including the bargaining positions of the parties, the negotiation process, and the terms of the agreement itself. The Commission noted that the agreement was the result of negotiations between the employer and the employees' representative, and it was made without any evidence of coercion or bad faith. The agreement contained terms on wages, hours of work, leave provisions, and other employment conditions that were deemed fair and reasonable. The Commission found that the agreement did not negatively impact employees' safety or health and did not discriminate against any group. Furthermore, the agreement was consistent with the minimum terms set out in the Fair Work Act.

Consequently, the Commission approved the Precision Fire Protection Services Pty Ltd, Enterprise Agreement 2017-2020, finding it to be fair and reasonable and compliant with the legislative requirements. The decision was made in the interest of maintaining good industrial relations and ensuring that the terms of employment were just and equitable for both parties.

Precision Fire Protection Services Pty Ltd T/A Precision Fire Protection Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established