Equans Fire Protection Services Pty Ltd

[2024] FWCA 943

[2024] FWCA 943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Equans Fire Protection Services Pty Ltd

(AG2024/509)

EQUANS FIRE PROTECTION SERVICES PTY LTD QLD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2023-2026

Plumbing industry
COMMISSIONER CONNOLLY	MELBOURNE, 15 MARCH 2024

Application for approval of the Equans Fire Protection Services Pty Ltd QLD Sprinkler Fitters Enterprise Agreement 2023 -2026

1. An application has been made for approval of an enterprise agreement known as the Equans Fire Protection Services Pty Ltd QLD Sprinkler Fitters Enterprise Agreement 2023 -2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Equans Fire Protection Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 6 March 2024.

1. The notification time for the Agreement under s.173(2) was 14 December 2022 and the Agreement was made on 22 February 2024.  Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying before 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1] 

1. There is one National Employment Standards (NES) issue that requires comment:

·   Compassionate leave: Clause 39 provides for compassionate leave, however it is silent in relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

1. Clause 5.4 of the Agreement acts as an effective NES precedence clause, in that it states that “Where the NES is more beneficial in a particular respect to an Employee, then the NES shall prevail to the extent of the inconsistency”. As a result of the NES precedence clause, the above clause will not apply to the extent that it is inconsistent with the NES.

1. The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia”, 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.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. 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 1 January 2026.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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