DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for SDR Fire Solutions Unit Trust T/A SDR Fire Solutions Pty Ltd
(AG2020/1820)

THE TRUSTEE FOR SDR FIRE SOLUTIONS UNIT TRUST TRADING AS SDR FIRE SOLUTIONS PTY LTD AND ETU ENTERPRISE AGREEMENT 2020-2021

Fire fighting services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JULY 2020

Application for approval of the Trustee for SDR Fire Solutions Unit Trust trading as SDR Fire Solutions Pty Ltd and ETU Enterprise Agreement 2020-2021.

[1] The Trustee for SDR Fire Solutions Unit Trust T/A SDR Fire Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Trustee for SDR Fire Solutions Unit Trust trading as SDR Fire Solutions Pty Ltd and ETU Enterprise Agreement 2020-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, 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 has been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 July 2020 and, in accordance with s 54, will operate from 22 July 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the Trustee for SDR Fire Solutions Unit Trust, trading as SDR Fire Solutions Pty Ltd, seeking approval of an enterprise agreement. The application was heard in the Fair Work Commission, where the Trustee argued for the agreement's approval. The dispute centred around the terms of the Enterprise Agreement 2020-2021 and whether they met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues revolved around the fairness and compliance of the proposed agreement with the statutory requirements. The Commission had to assess whether the agreement contained the appropriate minimum terms as required by the Fair Work Act, and if it had been fairly negotiated. Furthermore, the Court needed to determine if the agreement adequately met the 'better off overall test' and whether it aligned with the principles of the national workplace relations system.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Court determined that the agreement contained the minimum terms prescribed by the Fair Work Act and had been fairly negotiated. Additionally, the Commission concluded that the agreement satisfied the 'better off overall test', ensuring that employees would be no worse off and in some cases, better off financially under the new agreement. Consequently, the application for approval was successful.

The Fair Work Commission approved the Enterprise Agreement 2020-2021 for the Trustee for SDR Fire Solutions Unit Trust trading as SDR Fire Solutions Pty Ltd. The approval was based on the findings that the agreement met the minimum terms, was fairly negotiated, and passed the 'better off overall test'. This decision provided legal certainty for the parties involved and ensured compliance with the national workplace relations system.

The Trustee for SDR Fire Solutions Unit Trust T/A SDR Fire Solutions 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