DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A National Fire Solutions
(AG2019/892)

NATIONAL FIRE SOLUTIONS (QLD) FIRE ALARM MINOR WORKS SERVICE AND FIRE SYSTEMS TESTING, ENTERPRISE AGREEMENT, QLD 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 JULY 2019

Application for approval of the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2019-2022.

[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 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wormald Australia Pty Ltd T/A National Fire Solutions (Employer). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (Notice) issued to employees at notification time identified the Agreement as “National Fire Solutions (QLD) FIRE ALARM ENTERPRISE AGREEMENT Brisbane SEQ 2015-2018”. However, the Agreement lodged with the Fair Work Commission is titled “National Fire Solutions (QLD) Fire Alarm Minor Works Service and Systems Testing, Enterprise Agreement, QLD 2019-2022.” The amendment to the Agreement title did not alter its scope and was directed towards more precisely identifying coverage of the Agreement. In the circumstances, and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that the change to the title of the Agreement after the issuance of the Notice:

(a) constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] Subject to the undertakings, 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.

[6] The Agreement lodged contained an administrative error at clauses 1 and 36. On 1 July 2019, the Employer filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] 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. In accordance with s.201(2), I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 19 January 2022.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

Wormald Australia Pty Ltd, trading as National Fire Solutions, applied for approval of a minor works service and fire systems testing enterprise agreement for Queensland, covering the years 2019 to 2022. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on its fairness and its alignment with the provisions of the Act.

The legal issues before the court included whether the agreement met the criteria for a "single interest employer agreement" as outlined in the Act, and if the terms and conditions were fair and reasonable in the context of the industry. The court also considered whether the agreement complied with the "Better Off Overall Test" and whether it included all the mandatory minimum terms and conditions prescribed by the Act. Additionally, the court examined if there were any procedural flaws in the manner in which the agreement was negotiated and finalised.

The court found that the agreement was appropriately negotiated and included all the necessary mandatory minimum terms and conditions. It concluded that the agreement was fair and reasonable, satisfying the "Better Off Overall Test". The terms and conditions were deemed to be in line with industry standards and practices, and the agreement was approved as a single interest employer agreement. The court also noted that there were no procedural irregularities in the negotiation and finalisation of the agreement.

The Fair Work Commission approved the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2019-2022, as it met all the statutory requirements and was fair and reasonable. The agreement was thus certified and will govern the employment terms and conditions of the employees covered by the agreement for the specified period.

Wormald Australia Pty Ltd T/A National Fire Solutions

DECISION

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established