Trojan Fire Protection Pty Ltd

[2021] FWCA 5980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Trojan Fire Protection Pty Ltd
(AG2021/7305)

TROJAN FIRE PROTECTION PTY LTD ELECTRICAL COLLECTIVE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT EASTON	SYDNEY, 23 SEPTEMBER 2021

Application for approval of the Trojan Fire Protection Pty Ltd Electrical Collective Agreement 2021.

[1] Trojan Fire Protection Pty Ltd (the Employer) has made an application for the approval of the Trojan Fire Protection Pty Ltd Electrical Collective Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was a bargaining representative for the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CEPU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2021. The nominal expiry date of the Agreement is 1 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the Fair Work Commission, Trojan Fire Protection Pty Ltd sought approval of a proposed electrical collective agreement, referred to as the Trojan Fire Protection Pty Ltd Electrical Collective Agreement 2021. The application was made under section 232 of the Fair Work Act 2009, which allows the Commission to approve a collective agreement if it is satisfied that the agreement is in the interests of the employees and employers it covers. The dispute centred on the terms of the agreement, particularly those relating to wages and conditions for electrical workers employed by Trojan Fire Protection Pty Ltd.

The legal issues that the Commission had to resolve were whether the agreement met the statutory requirements under the Fair Work Act, including whether the agreement was in the interests of the employees and employers it covered. Additionally, the Commission needed to consider whether the agreement provided for a fair and equitable resolution of any disputes that may arise between the parties, and whether it adequately protected the rights of employees, including their right to be free from discrimination and to be paid fairly.

The Commission examined the terms of the agreement in detail and found that it was generally in the interests of the employees and employers it covered. The Commission was satisfied that the agreement provided for a fair and equitable resolution of any disputes that may arise between the parties, and that it adequately protected the rights of employees. The Commission noted that the agreement provided for a dispute resolution process that was accessible and efficient, and that it provided for a fair and reasonable method of determining any disputes that may arise. The Commission also noted that the agreement provided for a fair and reasonable method of determining any disputes that may arise. However, the Commission made some minor amendments to the agreement to ensure that it met all of the statutory requirements under the Fair Work Act.

The Commission approved the Trojan Fire Protection Pty Ltd Electrical Collective Agreement 2021, subject to the minor amendments made by the Commission. The Commission found that the agreement was generally in the interests of the employees and employers it covered, and that it provided for a fair and equitable resolution of any disputes that may arise between the parties. The Commission also found that the agreement adequately protected the rights of employees, including their right to be free from discrimination and to be paid fairly. The Commission made some minor amendments to the agreement to ensure that it met all of the statutory requirements under the Fair Work Act.

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established