Tyco Australia Pty Ltd T/A National Fire Solutions Summary

[2018] FWCA 1230

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A National Fire Solutions

(AG2017/4878)

National Fire Solutions alarms service and testing enterprise agreement 2017-2019

Electrical contracting industry
Deputy President Beaumont	MELBOURNE, 27 FEBRUARY 2018

Application for approval of the National Fire Solutions alarms service and testing enterprise agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the National Fire Solutions alarms service and testing enterprise agreement 2017-2019 (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.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

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.

The Agreement was approved on 27 February 2018 and, in accordance with s.54, will operate from 6 March 2018. The nominal expiry date of the Agreement is 27 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Tyco Australia Pty Ltd T/A National Fire Solutions, the Fair Work Commission was tasked with determining the approval of the National Fire Solutions Alarms Service and Testing Enterprise Agreement 2017-2019. The application was made by the employer, Tyco Australia Pty Ltd T/A National Fire Solutions, and the agreement was proposed to cover employees within the alarms service and testing sector. The dispute centred around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement contained the mandated minimum terms and conditions, and if it was made in good faith and without coercion. The Commission also needed to determine whether the agreement provided for fair and reasonable terms and conditions, and whether the bargaining process was genuinely conducted in a fair and reasonable manner. Furthermore, the Commission was required to consider if the agreement would promote workplace harmony and productivity.

The Commission found that the agreement contained the mandated minimum terms and conditions and was made in good faith, without coercion. The proposed agreement was found to provide for fair and reasonable terms and conditions, and the bargaining process was genuinely conducted in a fair and reasonable manner. The Commission was satisfied that the agreement would promote workplace harmony and productivity, and it was approved. The decision was made in the interest of ensuring fair and effective workplace relations, while also recognising the need for flexible and adaptable enterprise agreements that cater to the unique needs of the parties involved.

As a result, the Fair Work Commission approved the National Fire Solutions Alarms Service and Testing Enterprise Agreement 2017-2019, allowing it to be registered and enforceable under the Fair Work Act 2009. The decision underscores the importance of fair and effective workplace relations, as well as the need for adaptable enterprise agreements that cater to the unique needs of the parties involved.

Tyco Australia Pty Ltd T/A National Fire Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established