Cavmar Unit Trust Trading As Shield Fire Systems Pty Ltd

[2025] FWCA 2261

[2025] FWCA 2261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cavmar Unit Trust Trading As Shield Fire Systems Pty Ltd

(AG2025/1430)

SHIELD FIRE SYSTEMS PTY LTD ELECTRICAL TECHNICIAN ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER THORNTON	ADELAIDE, 9 JULY 2025

Application for approval of the Shield Fire Systems Pty Ltd Electrical Technician Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Shield Fire Systems Pty Ltd Electrical Technician Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cavmar Unit Trust trading as Shield Fire Systems Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) provided to the employees was not in the prescribed form. It is in the form as prescribed prior to 6 June 2023. I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s. 174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by section 188(5) of the Act to disregard the minor technical error.

1. The copy of the Agreement filed with the application for approval did not contain a signature page as required in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a Delegates’ Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates’ Rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

1. Noting the undertakings provided, and the inclusion of clause 1.8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that the employment of part-time employees is not reasonably foreseeable. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 16 July 2025. The nominal expiry date of the Agreement is 30 November 2027.

COMMISSIONER

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ANNEXURE A