Defend Fire (SA) Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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.

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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ANNEXURE A

CaseChat Overview and Summary

Defend Fire (SA) Pty Ltd has applied for the approval of its Sprinkler Fitters Enterprise Agreement 2024 under section 185 of the Fair Work Act 2009. The agreement was submitted for review by the Fair Work Commission, with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodging a Form F18 statutory declaration indicating its desire for the agreement to cover its members. The application concerns whether the agreement meets the necessary requirements for approval under the Act.

The Commission had to determine if the agreement met the requirements for approval, including whether it complied with sections 186, 187, 188, and 190 of the Act. The agreement did not include a Delegates' Rights Term as required by section 205A(1) of the Act, but this was rectified by incorporating the term from the Plumbing and Fire Sprinklers Award 2020 under section 205A(2). Additionally, the Commission examined whether certain provisions in the agreement, such as those relating to the withholding of monies on termination and the absence of provisions for compassionate leave, complied with the National Employment Standards (NES). The Commission concluded that the more beneficial entitlements of the NES would prevail where there was an inconsistency.

The Commission found that the agreement met all the necessary requirements for approval, subject to certain undertakings provided by the applicant. These undertakings ensured that no financial detriment would be caused to any employee and that there would be no substantial changes to the agreement. The agreement was approved and will be effective from 6 November 2024 until 1 July 2025. The agreement now covers the CEPU, as per section 201(2) of the Act.

Defend Fire (SA) Pty Ltd

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