DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Fire Solutions (Aust) T/A Total Fire Solutions
(AG2019/5057)

TOTAL FIRE SOLUTIONS ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 FEBRUARY 2020

Application for approval of the Total Fire Solutions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Total Fire Solutions Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 20 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Total Fire Solutions (Aust) T/A Total Fire Solutions, which sought approval of the Total Fire Solutions Enterprise Agreement 2019. The company applied for the agreement to be made a registered agreement, which would provide it with the necessary legal framework to operate under the terms set forth. The dispute centred around whether the agreement met the requisite standards under the Fair Work Act 2009, particularly concerning minimum entitlements and the fair representation of employees.

The primary legal issues the court had to address were whether the agreement complied with the Fair Work Act, including whether it provided for minimum entitlements as outlined in the Act, and if it was made without undue influence or coercion. Additionally, the court needed to determine whether the agreement was made fairly and whether it was consistent with the principles of the Fair Work Act, including provisions for employee representation and the avoidance of unfair dismissals.

In its reasoning, the Fair Work Commission examined the details of the agreement, the process by which it was negotiated, and the extent to which it met the statutory requirements. The Commission found that the agreement provided for appropriate minimum entitlements and was made without undue influence. It also noted that the process of negotiation was fair and transparent, and that the agreement was consistent with the principles of the Fair Work Act. Consequently, the Commission approved the application for the Total Fire Solutions Enterprise Agreement 2019 to be registered.

Total Fire Solutions (Aust) T/A Total Fire Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established