Australian Fire Services Pty Ltd

[2021] FWCA 2446

[2021] FWCA 2446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Fire Services Pty Ltd
(AG2021/4697)

AUSTRALIAN FIRE SERVICES PTY LTD SPRINKLER FITTERS COLLECTIVE AGREEMENT 2021

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 4 MAY 2021

Application for approval of the Australian Fire Services Pty Ltd Sprinkler Fitters Collective Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Fire Services Pty Ltd Sprinkler Fitters Collective Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Fire Services Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 27 April 2021.

[3] On 30 April 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 4 May 2021. The undertaking deals with the following topics:

•  Despite clause 1.6, the Agreement will operate from 7 days after approval.

•  Employer superannuation contribution payments will be made into a complying fund of the employee’s choice in accordance with the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020. If no fund is nominated by the employee, contribution will be made to the employer’s default fund.

•  The entitlement to Annual Leave will be 4 weeks accrued progressively over 12 months.

•  Personal leave will be available for personal illness or injury.

•  The evidence requirements for personal leave will be to satisfy a reasonable person.

•  The requirements for carers leave unpaid leave will be the provision of care because of personal illness or injury affecting the member or an unexpected emergency affecting the member.

•  The entitlement to Public Holidays will be an entitlement to any day or part day declared or prescribed to be observed within a State or Territory.

•  Employees who take carers leave must give notice as soon as possible.

•  The period of notice required in clause 3.5.1 will not apply in the case of termination of employment for the reason of serious misconduct.

•  Notice of termination must be given to employees who abandon their employment.

•  If an employee fails to give sufficient notice when terminating their employment relationship, the employer will have the right to deduct wages due to the employee up to the ordinary time rate of pay for the period of notice.

•  Payment in lieu of notice of termination entitlement will be the full rate of pay for the hours the employee would have worked including incentive-based payments and bonuses, loadings, monetary allowances and overtime or penalty rates.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative that responded did not raise any objections.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2025.

COMMISSIONER

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