National Fire Solutions Pty Ltd

[2020] FWCA 3088

[2020] FWCA 3088

FAIR WORK COMMISSION

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

<AE508269  PR720152>

Annexure A.