DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riazotrol Pty Ltd T/A VeriFire Fire Protection Services
(AG2015/4639)

RIAZOTROL PTY LTD, TRADING AS VERIFIRE FIRE PROTECTION SERVICES, COLLECTIVE AGREEMENT 2015-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 AUGUST 2015

Application for approval of the Riazotrol Pty Ltd, trading as VeriFire Fire Protection Services, Collective Agreement 2015-2018.

[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 2015-2018 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 20 August 2015 and, in accordance with s.54, will operate from 27 August 2015. The nominal expiry date of the Agreement is 9 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Australian Industrial Relations Commission was called upon to consider an application for the approval of a collective agreement between Riazotrol Pty Ltd, trading as VeriFire Fire Protection Services, and its employees. The dispute arose from a negotiation process where the employer and the union had reached a tentative agreement but sought the Commission's formal approval to ensure the agreement's enforceability.

The primary legal issue before the Commission was whether the proposed agreement met the necessary statutory criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement adhered to the provisions concerning good faith bargaining, the avoidance of unnecessary complexity, and the provision of fair and reasonable terms and conditions of employment. The Commission also had to ensure that the agreement did not contravene any relevant laws or the public interest.

Upon reviewing the application, the Commission found that the agreement was the result of genuine and good faith negotiations between the parties. The terms and conditions were deemed fair and reasonable, taking into account the specific needs and circumstances of the employees within the industry. The Commission also noted that the agreement was not unnecessarily complex and did not conflict with any statutory provisions or the public interest. Consequently, the Commission approved the collective agreement, affirming its validity and enforceability.

In accordance with the approval, the agreement was registered, providing legal certainty to both the employer and the employees. This decision underscored the importance of collective bargaining in achieving fair outcomes for all parties involved.

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