DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd t/a National Fire Solutions
(AG2016/2401)

NATIONAL FIRE SOLUTIONS PTY LTD - COLLECTIVE AGREEMENT - ELECTRICIANS AND SERVICEMEN (SYDNEY)

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 31 MARCH 2016

Application for approval of the NATIONAL FIRE SOLUTIONS PTY LTD – COLLECTIVE AGREEMENT – ELECTRICIANS AND SERVICEMEN (SYDNEY)

[1] An application has been made for approval of an enterprise agreement known as the NATIONAL FIRE SOLUTIONS PTY LTD – COLLECTIVE AGREEMENT – ELECTRICIANS AND SERVICEMEN (SYDNEY) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyco Australia Pty Ltd t/a National Fire Solutions. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 April 2016. The nominal expiry date of the Agreement is 25 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by National Fire Solutions Pty Ltd, trading as Tyco Australia, for the approval of a collective agreement. The matter was heard in the Fair Work Commission, with the Applicant seeking to have the agreement recognised and enforced. The agreement in question was the National Fire Solutions Pty Ltd – Collective Agreement – Electricians and Servicemen (Sydney), which was intended to cover the employment conditions of electricians and servicemen in Sydney.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining whether the agreement had been made genuinely and fairly, whether it provided for a direct or indirect mechanism for the resolution of disputes, and whether it complied with the relevant provisions of the Act. The Commission also had to consider the impact of the agreement on the employees and the broader industrial relations framework.

In its reasoning, the Commission examined the process by which the agreement was negotiated and concluded. It considered the evidence provided by the parties regarding the nature of the bargaining and whether there were any procedural irregularities. The Commission found that the agreement had been made genuinely and fairly, and that it provided for a direct mechanism for the resolution of disputes. It also noted that the agreement complied with the relevant provisions of the Fair Work Act and that it would not have an adverse impact on the employees or the industrial relations system. Based on this analysis, the Commission approved the agreement and made the necessary orders to enforce it.

The final orders of the Commission included the approval of the National Fire Solutions Pty Ltd – Collective Agreement – Electricians and Servicemen (Sydney) and the direction that the agreement be registered with the Fair Work Commission. The Commission also directed that the agreement be published on the Fair Work Ombudsman's website and that it be brought to the attention of the employees covered by the agreement. These orders were made to ensure that the agreement was properly implemented and that the rights and obligations of the parties were enforced.

Tyco Australia Pty Ltd t/a National 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