Valley Fire and Security Pty Ltd

[2016] FWCA 1445

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Valley Fire and Security Pty Ltd
(AG2016/2257)
VALLEY FIRE AND SECURITY PTY LTD ENTERPRISE
AGREEMENT 2016 - 2020
Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

Application for approval of the Valley Fire and Security Pty Ltd Enterprise Agreement 2016 -

2020.

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

Valley Fire and Security Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Valley Fire and Security Pty Ltd. 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.
[2016] FWCA 1445

[4] The Agreement was approved on 4 March 2016 and, in accordance with s.54, will

operate from 11 March 2016. The nominal expiry date of the Agreement is 1 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1445

Annexure A

CaseChat Overview and Summary

Valley Fire and Security Pty Ltd applied for the approval of their enterprise agreement for the period 2016-2020 under the Fair Work Act 2009. The Fair Work Commission, represented by Commissioner Roe, heard the matter in Melbourne on March 4, 2016. The application was made pursuant to section 185 of the Act, and the agreement was to cover a group of employees within the electrical contracting industry. The primary issue for the Commission was whether the agreement met the legal criteria for approval as stipulated in sections 186, 187, 188, and 190 of the Act. This involved examining if the group of employees was fairly chosen and if the agreement would cause financial detriment to the employees or result in substantial changes.

The Commission found that the applicant had provided written undertakings that ensured no financial detriment would be caused to the employees and no substantial changes would be made to the agreement. The Commission also considered the factors outlined in sections 186(3) and 186(3A) of the Act and concluded that the group of employees was fairly chosen. As such, all relevant requirements for the approval of the enterprise agreement were satisfied. The agreement was subsequently approved and took effect from March 11, 2016, with a nominal expiry date of March 1, 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established