Tyco Australia Pty Ltd T/A National Fire Solutions

[2014] FWCA 3842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tyco Australia Pty Ltd T/A National Fire Solutions
(AG2014/6144)

NATIONAL FIRE SOLUTIONS (QLD) PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 JUNE 2014

Application for approval of the National Fire Solutions (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 18 June 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was an application for approval of the National Fire Solutions (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015, heard in the Fair Work Commission. The CFMEU sought approval of the agreement which had been negotiated between the parties. Tyco Australia challenged certain provisions of the agreement, primarily concerning the classification and remuneration of employees.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the relevant legislative requirements under the Fair Work Act 2009. The primary focus was on the classification of certain employees as 'Electricians' versus 'Electrical Technicians', and the associated pay rates. Tyco Australia argued that the classification was incorrect and that the agreement did not comply with the statutory requirements for employee classification. The CFMEU contended that the classification was appropriate and that the agreement was in the best interests of the employees.

The Commission found that the classification of the employees as 'Electricians' was appropriate given their skills and responsibilities. It was determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions. The Commission also held that the agreement complied with the statutory requirements. Consequently, the application for approval was successful. The agreement was approved, and the Commission made orders to that effect, ensuring the terms and conditions set out in the agreement would apply to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established