DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd
(AG2016/3674)

FIRE CONTROL SOLUTIONS PTY LTD ELECTRICAL EMPLOYEE ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 3 AUGUST 2016

Application for approval of the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings 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.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Trustee for the Fire Control Solutions Trust, acting as the employer, and the applicant seeking approval of the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2016-2019. The dispute was heard by the Fair Work Commission, which was tasked with determining whether the enterprise agreement met the legal criteria for approval.

The central legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was properly certified, whether it was made in good faith, and whether it complied with the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement met all necessary criteria, while the Trustee contended that the agreement failed to comply with the statutory requirements.

The Commission examined the certification process and the evidence provided by the applicant. It considered whether the agreement was made in good faith and whether it complied with the statutory requirements for enterprise agreements. The Commission found that the agreement was properly certified and that it was made in good faith. Additionally, the Commission determined that the agreement complied with the statutory requirements for enterprise agreements. Consequently, the Commission approved the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2016-2019.

The Fair Work Commission approved the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2016-2019, finding that it complied with the statutory requirements and was made in good faith. The Commission's decision confirmed the validity of the agreement and its compliance with the relevant legislation.

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