Defend Fire (SA) Pty Ltd

[2024] FWCA 3783

[2024] FWCA 3783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Defend Fire (SA) Pty Ltd

(AG2024/3711)

Plumbing industry
COMMISSIONER THORNTON	ADELAIDE, 30 OCTOBER 2024

Application for approval of the Defend Fire S.A Pty Ltd Sprinkler Fitters Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Defend Fire S.A Pty Ltd Sprinkler Fitters 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 Defend Fire (SA) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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, 188 and 190 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 29A of the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement.

1. Clause 3.5 of the Agreement as it relates to withholding monies on termination of employment may be inconsistent with the National Employment Standards (NES). Additionally, the Agreement is silent on compassionate leave in cases of stillbirth and miscarriage, which is provided for under section 104 of the Act. Noting the undertakings provided and clause 1.9 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. 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 6 November 2024. The nominal expiry date of the Agreement is 1 July 2025.

COMMISSIONER

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