The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd Summary

[2022] FWCA 2607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/2136)

Fire Control Solutions Pty Ltd (ABN 55 894 527 806) Electrical Employee Enterprise Agreement 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 2 AUGUST 2022

Application for approval of the Fire Control Solutions Pty Ltd (ABN 55 894 527 806) Electrical Employee Enterprise Agreement 2022-2025.

The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd (the Employer) has made an application for the approval of the Fire Control Solutions Pty Ltd (ABN 55 894 527 806) Electrical Employee Enterprise Agreement 2022-2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

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.

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.

I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clause 11 – Additional Hours, Weekend Work & Public Holidays
- Clause 13 – Leave
- Clause 17 – Payment of Wages
- Clause 22 – Redundancy
- Clause 23 – Abandonment of Employment
- Clause 27(c) – Mobile Telephones
Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Trustee for the Fire Control Solutions Trust, trading as Fire Control Solutions Pty Ltd, applied for the approval of the Electrical Employee Enterprise Agreement 2022-2025 under the Fair Work Act 2009. The Fair Work Commission, the body responsible for approving the agreement, was tasked with determining whether the agreement complied with the legal requirements set out in the Act. The dispute centred on whether the agreement met the necessary conditions for approval, including whether it was made in good faith and whether it contained the required minimum terms and conditions.

The central legal issue before the Commission was whether the Electrical Employee Enterprise Agreement 2022-2025 complied with the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it contained the minimum terms and conditions prescribed by the Act, and whether the process for making the agreement was appropriate. Additionally, the Commission needed to determine whether the agreement met the requirements for a single-enterprise agreement, as it was not a multi-enterprise agreement.

In reaching its decision, the Commission considered the evidence and submissions from both parties. The Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions as required by the Fair Work Act. Furthermore, the process for making the agreement was deemed to be appropriate. Consequently, the Commission approved the Electrical Employee Enterprise Agreement 2022-2025, effective from 1 July 2022 until 30 June 2025. This decision was based on the evidence presented and the Commission's determination that the agreement met all the legal requirements for approval under the Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established