DECISION

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

The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd
(AG2019/2671)

FIRE CONTROL SOLUTIONS PTY LTD ELECTRICAL EMPLOYEE ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 10 SEPTEMBER 2019

Application for approval of the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2019-2022.

[1] An application has been filed by The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The applicant provided an undertaking that the Asset Superannuation fund, referred to as the default superannuation fund at clause 20 of the Agreement, will not be offered as a fund to employees in the Agreement on the basis it is not a MySuper product as required by s.194(h) of the Act.

[3] The undertaking is attached at the end of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement. The bargaining representatives for the Agreement agree with the terms of the undertaking provided by the applicant.

[4] Subject to the undertaking referred to above, 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] 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. A copy of the model consultation term is attached at the end of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. A copy of the model flexibility term is attached at the end of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for the Fire Control Solutions Trust, trading as Fire Control Solutions Pty Ltd, sought approval of the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2019-2022 in the Fair Work Commission. The dispute centred on the fairness and validity of the proposed enterprise agreement, which was to govern the employment conditions of electrical employees at Fire Control Solutions Pty Ltd. The Commission was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the requirements of the Fair Work Act, including whether it had been made in good faith and whether it met the procedural fairness standards. Additionally, the Commission had to consider whether the agreement contained unfair content, which would disqualify it from approval. The Trustee argued that the agreement was fair and had been made in good faith, while the opposing party contended that certain provisions were unfair and that the process leading to the agreement's creation was flawed.

After examining the evidence and submissions, the Commission found that the agreement had been made in good faith and that the process was procedurally fair. The Commission also determined that none of the provisions contained unfair content. The Trustee demonstrated that the agreement had been appropriately negotiated and that employees had been given a reasonable opportunity to express their views. The Commission concluded that the agreement met all the legal criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2019-2022, confirming its validity and enforceability. The Commission's decision provides clarity on the requirements for approving enterprise agreements and reinforces the importance of good faith and procedural fairness in the negotiation process.

The Trustee for the Fire Control Solutions Trust T/A Fire Control 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