Fire and Safety Tasmania Pty Ltd as Trustee for the Willis Family Trust T/A Fire and Safety Tasmania

[2022] FWCA 3382

[2022] FWCA 3382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fire and Safety Tasmania Pty Ltd as Trustee for the Willis Family Trust T/A Fire and Safety Tasmania

(AG2022/3766)

Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2022

Plumbing industry
COMMISSIONER MCKINNON	SYDNEY, 11 OCTOBER 2022

Application for approval of the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2022.

1. The Trustee for the Willis Family Trust T/A Fire and Safety Tasmania has applied for approval of a single enterprise agreement known as the Fire and Safety Tasmania Sprinkler Fitters Collective Agreement 2022 (the Agreement).

1. The requirement to provide employees with notice of the time, place and voting method for approval of the Agreement has not been met. This is because there were not at least seven clear days between the giving of the notice and the vote to approve the Agreement. The Applicant has explained the error and the circumstances in which it occurred. Having regard to that explanation and the number of employees who participated in the vote, I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee.

1. The flexibility and consultation terms in the Agreement do not contain all of the prescribed content. The model flexibility and consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

1. A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. The Agreement is approved and will operate from 18 October 2022. The nominal expiry date of the Agreement is 31 December 2025.

1. The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A