Ara Fire Protection Services Pty Ltd

[2022] FWCA 4066

[2022] FWCA 4066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ara Fire Protection Services Pty Ltd

(AG2022/4679)

ARA Fire Protection Alarms Enterprise Agreement (WA) 2022 - 2025

Fire fighting services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the ARA Fire Protection Alarms Enterprise Agreement (WA) 2022 - 2025

1. Ara Fire Protection Services Pty Ltd (the Applicant) has applied for approval of an enterprise agreement known as the ARA Fire Protection Alarms Enterprise Agreement (WA) 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees was not in the form set out in Schedule 2.1 of the Fair Work Regulations 2009. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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.

1. 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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.

1. I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

·           Clause 20.1 - Parental Leave.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act and despite clause 4 of the Agreement, will operate from 28 November 2022. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

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