DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trojan Fire Protection Pty Ltd
(AG2021/4392)

TROJAN FIRE PROTECTION PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2021

Application for approval of the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2021.

[1] Trojan Fire Protection Pty Ltd has made an application for approval of an enterprise agreement known as the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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

[4] The Agreement was approved on 6 April 2021 and, in accordance with s 54, will operate from 13 April 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2021. The dispute arose from negotiations between the employer, Trojan Fire Protection Pty Ltd, and the union, the Electrical Trades Union of Australia, concerning the terms and conditions of employment for sprinkler fitters. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, specifically sections 233 and 234, which outline the requirements for an enterprise agreement to be considered “unregistered” and thus eligible for approval. Key considerations included whether the agreement had been negotiated in good faith, whether it met the “better off overall test,” and whether it contained all the prescribed terms. The Commission also had to consider submissions from both parties regarding the fairness and reasonableness of the proposed terms.

The Fair Work Commission found that the agreement met the statutory criteria for approval. The Commission noted that the parties had engaged in genuine negotiations and that the agreement contained all the prescribed terms. It was also satisfied that the agreement was likely to be better off overall for the employees, taking into account the improvements in pay and conditions. The Commission concluded that the agreement was fair and reasonable, and therefore, it was appropriate to approve the agreement. The Commission emphasised the importance of the agreement in providing a stable and predictable framework for the employment of sprinkler fitters within the industry.

Accordingly, the Fair Work Commission approved the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2021. The agreement was to be registered and enforceable from the date of the decision, providing a clear and binding framework for the employment relationship between the employer and the union members.

Trojan Fire Protection 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