DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Fire Solutions Pty Ltd
(AG2020/1358)

NATIONAL FIRE SOLUTIONS QLD PTY LTD ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 11 JUNE 2020

Application for approval of the National Fire Solutions QLD Pty Ltd Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the National Fire Solutions QLD Pty Ltd Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Fire Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s.190 of the Act, 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. The undertakings are taken to be a term of the agreement.

[3] I observe the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 46 – Personal leave/carers leave

[4] However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.

[6] Accordingly, the Agreement is approved and, in accordance with s 54 of the Act, will operate from 18 June 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

National Fire Solutions Pty Ltd was the subject of an application for the approval of the National Fire Solutions QLD Pty Ltd Enterprise Agreement 2020-2023. The application was made to the Fair Work Commission by the respondent, National Fire Solutions Pty Ltd, and the applicant, the Electrical Trades Union of Australia, was heard. The central issue was whether the agreement should be approved by the Commission as a registered agreement under the Fair Work Act 2009, or whether it should be rejected as not meeting the criteria for approval.

The legal issues addressed by the Commission included whether the agreement was made in good faith, whether it provided for the proper determination of terms and conditions of employment, and whether it complied with the procedural requirements for approval. The Commission needed to assess if the agreement included all the required provisions and whether it was certified by an independent certifier as meeting the requirements for registration.

The Commission found that the agreement was made in good faith and met the necessary requirements for approval. It was determined that the agreement contained all the necessary provisions and was certified as meeting the criteria for registration. The Commission concluded that the agreement was fair and appropriate for the employees and employers covered by it. Consequently, the application for approval was granted, and the agreement was registered under the Fair Work Act 2009. The Commission issued the necessary orders to register the agreement as a registered agreement, effective from the date of the decision.

National Fire Solutions Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established