Forge Fire Services Pty Ltd

[2018] FWCA 6238

[2018] FWCA 6238

The attached document replaces the document previously issued with the above code on 17 October 2018.

Specifically, the paragraph numbering after paragraph 6 has been renumbered.

Associate to Commissioner Platt

Dated 18 October 2018

[2018] FWCA 6238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Forge Fire Services Pty Ltd
(AG2018/2532)

FORGE FIRE SPRINKLER FITTERS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 OCTOBER 2018

Application for approval of the Forge Fire Sprinkler Fitters Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Forge Fire Sprinkler Fitters Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Forge Fire Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 September 2018.

[3] On 20 September 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 October 2018. The undertaking deals with the following topics:

•  The Agreement is to be read and interpreted in conjunction with the National Employment Standards (NES). In the event that any inconsistency arises between the Agreement and the NES (where the NES provides greater benefit), the NES will apply to the extent of any inconsistency.

•  Clause 3.2.1 is to be replaced with:

“A casual employee is an employee who is engaged for duties that are irregular or intermittent. An employee engaged on this basis will only be paid for the hours the employer requires them to be at work and they attend for those hours, subject to the minimum daily payment of 3 hours as per clause 3.2.2.”

•  Clause 3.2.3 no longer applies.

•  For the purposes of clause 3.5.5 and 6.6.4 of the Agreement, where the reference to “misconduct” appears, it will be replaced and should be read as “serious misconduct”.

•  For the purposes of clause 6.3.11 of the Agreement is amended as follows:

“A part-time employee is an employee who works an average of fewer than 38 ordinary hours per week and has reasonably predictable hours of work.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” (CEPU), 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.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date 28 April 2020.

COMMISSIONER

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