DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A National Fire Solutions
(AG2015/6491)

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

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the NATIONAL FIRE SOLUTIONS PTY LTD - COLLECTIVE AGREEMENT - ELECTRICIANS AND SERVICEMEN (WOLLONGONG).

[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 (WOLLONGONG). (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 25 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Tyco Australia Pty Ltd, trading as National Fire Solutions, which applied for the approval of the National Fire Solutions Pty Ltd - Collective Agreement for Electricians and Servicemen (Wollongong). The dispute was heard in the Fair Work Commission of Australia. The central issue before the court was whether the proposed collective agreement, which was intended to govern the employment terms and conditions of electricians and servicemen within the Wollongong region, complied with the requirements of the Fair Work Act 2009.

The court needed to determine if the agreement met the statutory criteria for approval, including whether it provided for minimum rates of pay and conditions, and whether it was consistent with the broader objectives of the Fair Work Act. The court also considered whether the agreement was made in good faith and whether it was procedurally sound, including the adequacy of the consultation process with the employees.

In its decision, the court found that the proposed agreement largely met the statutory requirements. The court noted that the agreement provided for minimum rates of pay that were consistent with industry standards and that it included provisions for various working conditions, leave entitlements, and dispute resolution mechanisms. The court was satisfied that the agreement was made in good faith and that the consultation process was adequate. Consequently, the court approved the collective agreement, subject to certain minor modifications to ensure full compliance with the Act.

The final orders of the court included the approval of the collective agreement, with the modifications noted, and a direction for the employer to implement the agreement in accordance with the terms set out in the decision. The court also directed that any disputes arising from the interpretation or application of the agreement would be subject to the procedures outlined within the agreement itself.

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