DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valley Fire & Security Pty Ltd
(AG2021/237)

VALLEY FIRE AND SECURITY PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 MARCH 2021

Application for approval of the Valley Fire and Security Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Valley Fire and Security Pty Ltd Enterprise Agreement 2020 - 2024 (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 & Security Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Valley Fire & Security Pty Ltd applied for approval of its Enterprise Agreement 2020-2024, which was entered into between the employer and its employees represented by the Electrical Trades Union of Australia. The application was made under the Fair Work Act 2009, and the dispute involved the union's objections to certain clauses in the agreement. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement contained mandatory provisions that were required to be included under the Fair Work Act, and whether any of the provisions were contrary to the public interest. The union argued that certain terms regarding wage progression, leave entitlements, and dispute resolution mechanisms were not in line with the statutory requirements or were otherwise unfair.

The Commission considered the arguments presented by both parties and examined the provisions of the Fair Work Act and relevant regulations. It determined that the agreement did not include all mandatory provisions required by law, and some clauses were not in accordance with the public interest. However, the Commission found that the overall agreement did not significantly disadvantage employees and was fair and reasonable. The Commission approved the agreement with certain modifications to ensure compliance with the statutory requirements.

The final orders of the Commission were that the Enterprise Agreement 2020-2024 be approved with modifications to the wage progression, leave entitlements, and dispute resolution mechanisms to align with the statutory requirements. The union's objections to other clauses were dismissed. The employer was directed to implement the approved agreement and ensure compliance with the modifications.

Valley Fire & Security Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established