Tyco Australia Pty Ltd Summary

[2016] FWCA 378

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tyco Australia Pty Ltd T/A National Fire Solutions

(AG2016/2088)

NATIONAL FIRE SOLUTIONS (QLD) FIRE ALARM MINOR WORKS

SERVICE AND FIRE SYSTEMS TESTING, ENTERPRISE

AGREEMENT, QLD 2015-2018

Electrical contracting industry

COMMISSIONER LEE

MELBOURNE, 20 JANUARY 2016

Application for approval of the National Fire Solutions (QLD) Fire Alarm Minor Works

Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the

National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing,

Enterprise Agreement, QLD 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

27 January 2016. The nominal expiry date of the Agreement is 12 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Tyco Australia Pty Ltd, an application was made for the approval of an enterprise agreement concerning fire alarm minor works service and fire systems testing. The application was brought under section 185 of the Fair Work Act 2009 by Tyco Australia Pty Ltd, trading as National Fire Solutions. The proposed agreement, titled the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018, is a single enterprise agreement covering the electrical contracting industry.

The central legal issues before the court were whether the agreement met all the necessary requirements under sections 186, 187, and 188 of the Fair Work Act 2009. These sections relate to the approval of enterprise agreements and include provisions such as the necessity for good faith bargaining, the agreement's alignment with the Fair Work Act's objectives, and the appropriateness of its terms and conditions.

Commissioner Lee found that the agreement satisfied all the relevant requirements for approval. The decision noted that the agreement was a product of good faith bargaining and was in line with the objectives of the Fair Work Act. Consequently, the agreement was approved and will commence on 27 January 2016, with a nominal expiry date of 12 January 2019. The decision reflects the Commissioner's satisfaction that the enterprise agreement is fair and appropriate for the employees covered by it.

Tyco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established