DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trojan Fire Protection Pty Ltd
(AG2017/6392)

TROJAN FIRE PROTECTION PTY LTD ELECTRICAL COLLECTIVE AGREEMENT 2016 – 2020

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 APRIL 2018

Application for approval of the Trojan Fire Protection Pty Ltd Electrical Collective Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Trojan Fire Protection Pty Ltd Electrical Collective Agreement 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trojan Fire Protection Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 April 2018 and, in accordance with s.54, will operate from 26 April 2018. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trojan Fire Protection Pty Ltd applied for approval of the Trojan Fire Protection Pty Ltd Electrical Collective Agreement 2016-2020. The application was made under section 231 of the Fair Work Act 2009. The respondent, the Electrical Trades Union of Australia, opposed the application. The dispute centred on the terms of the proposed agreement, particularly those relating to the classification and pay rates of employees. The application was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the terms of the proposed agreement complied with the requirements of the Fair Work Act and whether the agreement was in the best interests of the employees. Specifically, the Commission needed to determine if the agreement provided a fair and reasonable outcome for the employees and if it met the criteria for approval under section 231 of the Act. The Commission also considered whether any of the terms were contrary to public policy or had an adverse effect on the employees' working conditions.

The Commission found that the proposed agreement was generally fair and reasonable. It provided a balanced outcome that met the needs of both the employer and the employees. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and provisions for dispute resolution. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and that it was in the best interests of the employees. The Commission approved the agreement, finding that it met the criteria for approval under section 231 of the Act.

The Fair Work Commission approved the proposed agreement, finding it to be fair and reasonable and in the best interests of the employees. The Commission found that the agreement complied with the relevant provisions of the Fair Work Act and did not contravene any public policy considerations. The Commission considered the agreement to be a balanced outcome that met the needs of both the employer and the employees. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and provisions for dispute resolution. The Commission's approval of the agreement was subject to the usual conditions and requirements set out in section 231 of the Fair Work Act.

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