Eagle Fire Protection Pty Ltd
[2025] FWCA 569
•13 FEBRUARY 2025
| [2025] FWCA 569 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Eagle Fire Protection Pty Ltd
(AG2025/125)
EAGLE FIRE PROTECTION PTY LTD ENTERPRISE AGREEMENT 2025-2028
| Plumbing industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 13 FEBRUARY 2025 |
Application for approval of the Eagle Fire Protection Pty Ltd Enterprise Agreement 2025-2028
An application has been made for approval of an enterprise agreement known as the Eagle Fire Protection Pty Ltd Enterprise Agreement 2025-2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eagle Fire Protection Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
It was noted from the materials that were filed in support of the application that the Notice of Employee Representational Rights (NERR) issued to the employees to be covered by the proposed agreement was not in the form currently prescribed by the Act and Regulations. The NERR was in the form prescribed prior to amendments in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 taking effect in June 2023. The Applicant indicated that this was an oversight and made submissions as to the impact of discrepancy. The Applicant submitted that the error was technical error within the meaning of s.188(5) of the Act and that employees were not likely to have been disadvantaged by it. I accept that to be the case and propose to disregard the error in this case.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.
Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that Clause 4.2 of the Agreement provides that this agreement is read in conjunction with the National Employment Standards and if a term of this Agreement is detrimental to an employee when compared to a standard, the standard prevails over the term of this Agreement.
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 29A, Workplace delegates’ rights, in the Plumbing and Fire Sprinklers Award 2020 is to be taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528021 PR784308>
Annexure A
0
0
0