DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd t/a National Fire Solutions
(AG2015/7647)

NATIONAL FIRE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT - ELECTRICAL CONSTRUCTIONS (QUEANBEYAN) – 2015 - 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 24 DECEMBER 2015

Application for approval of the NATIONAL FIRE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT - ELECTRICAL CONSTRUCTIONS (Queanbeyan) – 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the NATIONAL FIRE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT - ELECTRICAL CONSTRUCTIONS (Queanbeyan) – 2015 - 2018 (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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2015. The nominal expiry date of the Agreement is 20 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Tyco Australia Pty Ltd, trading as National Fire Solutions, and the Electrical Constructions (Queanbeyan) – 2015 - 2018 enterprise agreement. The matter was before the Fair Work Commission, which was asked to approve the proposed enterprise agreement. The dispute centred on the terms and conditions outlined in the agreement, particularly in relation to the employment of employees under the agreement and the rights and obligations of both the employer and employees.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the procedural and substantive requirements for approval under the Act. This included ensuring that the agreement had been fairly negotiated, was free from any improper conduct, and did not contain any terms that would be against public policy or undermine the protections afforded to employees under the Fair Work Act.

In assessing the agreement, the Fair Work Commission considered various factors, including the negotiation process, the fairness of the terms, and the impact of the agreement on the parties involved. The Commission noted that the agreement had been negotiated in good faith and that the terms were not adverse to the employees. The Commission also found that the agreement did not contain any terms that were against public policy or undermined the protections afforded to employees. Based on these findings, the Commission approved the enterprise agreement, recognising its compliance with the Fair Work Act and its benefits for both the employer and employees.

The final orders of the Fair Work Commission included the approval of the Electrical Constructions (Queanbeyan) – 2015 - 2018 enterprise agreement between Tyco Australia Pty Ltd and the relevant employees. The Commission's decision was based on the conclusion that the agreement met all the necessary legal requirements and was fair and reasonable for both parties. The approval of the agreement allows it to be implemented and enforced as a binding contract between the employer and the employees covered by the agreement.

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