[2019] FWCA 1541

The attached document replaces the document previously issued with the above code on 12 March 2019.

The Agreement title in the preamble contained a typographical error which has now been corrected by deleting the word “PORTECTION” and inserting “PROTECTION”.

Lisa Powell

Associate to Commissioner Bissett

Dated 13 March 2019

[2019] FWCA 1541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riazotrol Pty Ltd T/A VeriFire Fire Protection Services
(AG2018/6414)

RIAZOTROL PTY LTD, TRADING AS VERIFIRE FIRE PROTECTION SERVICES, COLLECTIVE AGREEMENT 2018 – 2021

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 12 MARCH 2019

Application for approval of the Riazotrol Pty Ld, Trading as VeriFire Fire Protection Services, Collective Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Riazotrol Pty Ltd, Trading as VeriFire Fire Protection Services, Collective Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riazotrol Pty Ltd T/A VeriFire Fire Protection Services. 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 12 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Riazotrol Pty Ltd, trading as VeriFire Fire Protection Services, sought approval of their Collective Agreement 2018 - 2021 from the Fair Work Commission. The applicant and the respondents, the Electrical Trades Union of Australia and the United Voice, were engaged in a dispute regarding the terms and conditions of employment of certain employees. The Fair Work Commission was required to decide whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue was whether the collective agreement was consistent with the provisions of the Fair Work Act, specifically section 234, which requires that a collective agreement must not provide for terms and conditions that are less favourable than the applicable award or registered agreement. The applicants argued that the agreement was compliant and provided for better terms and conditions for the employees. The respondents, on the other hand, contended that the agreement contained provisions that were less favourable than the applicable award.

The Fair Work Commission examined the provisions of the collective agreement and compared them to the applicable award. The Commission found that the agreement provided for terms and conditions that were not less favourable than the award. The Commission also noted that the agreement contained provisions that were beneficial to the employees, such as provisions for redundancy payments and notice of termination. The Commission concluded that the collective agreement was consistent with the provisions of the Fair Work Act and approved the agreement.

The Fair Work Commission approved the Collective Agreement 2018 - 2021 between Riazotrol Pty Ltd, trading as VeriFire Fire Protection Services, the Electrical Trades Union of Australia and the United Voice. The Commission found that the agreement provided for terms and conditions that were not less favourable than the applicable award and contained provisions that were beneficial to the employees.

Riazotrol Pty Ltd T/A VeriFire 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