Titan Fire Solutions Pty Ltd

[2014] FWCA 4624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Titan Fire Solutions Pty Ltd
(AG2014/1342)

TITAN FIRE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 JULY 2014

Application for approval of the Titan Fire Solutions Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Titan Fire Solutions Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Titan Fire 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] The Agreement was approved on 14 July 2014 and, in accordance with s.54, will operate from 21 July 2014. The nominal expiry date of the Agreement is 14 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Titan Fire Solutions Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Titan Fire Solutions Pty Ltd Enterprise Agreement 2014-2018. The dispute arose between the company and its employees represented by the United Voice union. The primary focus of the application was to determine whether the agreement met the legal standards required for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the proper protection of employees' rights and interests, whether it complied with the provisions of the Fair Work Act, and if it met the "better off overall test". This test requires that the agreement's provisions be at least as good as the relevant award or the general industrial awards. The Commission also had to consider if the agreement was made in good faith and without coercion.

In delivering its decision, the Fair Work Commission thoroughly examined the provisions of the agreement, considering both the text and the context in which it was negotiated. The Commission found that the agreement adequately protected the employees' rights and interests, and it complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement met the better off overall test, as it provided for terms and conditions that were at least as good as those under the relevant award or industrial awards. Additionally, the Commission concluded that the agreement had been made in good faith and without any element of coercion.

As a result of the Commission's findings, the application for approval of the Titan Fire Solutions Pty Ltd Enterprise Agreement 2014-2018 was successful. The agreement was approved and registered, thereby providing a legally binding framework for the employment relationship between the company and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established