DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Triple M Fire Pty Ltd
(AG2017/1562)

TRIPLE M FIRE PTY LTD, CONSTRUCTION DIVISION, NEW SOUTH WALES FIRE ALARMS ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 22 MAY 2017

Application for approval of the Triple M Fire Pty Ltd, Construction Division, New South Wales Fire Alarms Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Triple M Fire Pty Ltd, Construction Division, New South Wales Fire Alarms Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Triple M Fire 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 is approved and, in accordance with s.54 of the Act, will operate from 29 May 2017. The nominal expiry date of the Agreement is 21 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Triple M Fire Pty Ltd, trading as Triple M Fire, sought approval of their proposed New South Wales Fire Alarms Enterprise Agreement 2017-2021 from the Federal Circuit and Family Court of Australia. The applicant argued that the agreement was in the best interests of the employees it covered, who were engaged in the construction division of the business. The applicant contended that the agreement provided for appropriate terms and conditions, including pay rates and working arrangements, which were necessary for the efficient operation of the business and the wellbeing of the employees.

The court was tasked with determining whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was genuinely an enterprise agreement, covered a genuine enterprise, and complied with the 'better off overall test'. The latter required the court to consider whether the agreement would provide employees with a safety net of pay and conditions that were no worse than the applicable national system awards or general awards, and better than those awards in at least one respect.

The court found that the proposed agreement was genuinely an enterprise agreement, covered a genuine enterprise, and met the better off overall test. The court was satisfied that the agreement provided for a safety net of pay and conditions that were at least as good as the applicable awards, and in some respects better. The court approved the agreement on the basis that it would provide for fair and reasonable terms and conditions of employment for the employees, and would facilitate efficient business operations for the employer. The court made an order approving the Triple M Fire Pty Ltd, Construction Division, New South Wales Fire Alarms Enterprise Agreement 2017-2021.

Triple M Fire 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