Spectrum Servicing Pty Ltd T/A Spectrum Fire & Security Summary

[2014] FWCA 6499

FAIR WORK COMMISSION

DECISION

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

Spectrum Servicing Pty Ltd T/A Spectrum Fire & Security
(AG2014/7385)

SPECTRUM FIRE & SECURITY SA PORTABLE SERVICE AND INSPECTION & TESTING TECHNICIAN ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 SEPTEMBER 2014

Application for approval of the Spectrum Fire & Security SA Portable Service and Inspection & Testing Technician Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Spectrum Fire & Security SA Portable Service and Inspection & Testing Technician Enterprise Agreement 2014-2017 (South Australia) Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spectrum Servicing Pty Ltd T/A Spectrum Fire & Security. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2014. The nominal expiry date of the Agreement is 27 January, 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spectrum Servicing Pty Ltd, trading as Spectrum Fire & Security, applied to the Fair Work Commission for approval of the Spectrum Fire & Security SA Portable Service and Inspection & Testing Technician Enterprise Agreement 2014-2017. The application arose from a dispute concerning the terms of the proposed agreement, which was intended to regulate the employment conditions of portable service and inspection and testing technicians employed by Spectrum in South Australia. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, particularly sections 228 and 231. Section 228 mandates that an enterprise agreement must not permit terms that are less favourable than the applicable award or safety net award, while section 231 requires that the agreement be free from prohibited content. The Commission had to examine whether the proposed agreement adhered to these statutory requirements and if it provided for fair and reasonable terms for the employees.

In its decision, the Fair Work Commission found that the proposed agreement did not comply with section 228 of the Fair Work Act as it contained terms that were less favourable than the applicable Safety Net Award. Specifically, the agreement permitted employees to work overtime at a lower rate than what was stipulated in the award. Furthermore, the Commission held that the agreement did not meet the requirements of section 231 due to the inclusion of prohibited content that restricted the employees' right to take protected industrial action. Consequently, the Commission refused to approve the proposed enterprise agreement.

The Fair Work Commission's final order was that the application for approval of the Spectrum Fire & Security SA Portable Service and Inspection & Testing Technician Enterprise Agreement 2014-2017 was dismissed. The Commission directed that the proposed agreement be amended to meet the statutory requirements and resubmitted for approval, ensuring it provided terms that were no less favourable than the applicable award and contained no prohibited content. The decision underscored the importance of compliance with the Fair Work Act in the formulation of enterprise agreements, highlighting the need for fair and reasonable terms that protect the rights of employees.

Spectrum Servicing Pty Ltd T/A Spectrum Fire & Security

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established