National Fire Solutions (QLD) Pty Ltd
[2018] FWCA 1531
•14 MARCH 2018
| [2018] FWCA 1531 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.210—Enterprise agreement
National Fire Solutions (QLD) Pty Ltd
(AG2017/6043)
National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018
| Electrical contracting industry | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 14 MARCH 2018 |
Application for variation of the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018.
An application has been made for approval of a variation to the National Fire Solutions (QLD) Fire Alarm Minor Works Service and Fire Systems Testing, Enterprise Agreement, QLD 2015-2018 (the Agreement). The application was made by National Fire Solutions (QLD) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.
The Agreement was originally approved on 20 January 2016. At the time of its approval, clause 2 of the Agreement provided that ‘this agreement shall be binding upon CEPU Electrical Communications Postal Plumbing and Allied Trades Union ETU Division Brisbane Branch (The Union)’. After making some enquiries with the Applicant with respect to this clause, it is apparent that its inclusion was the result of an administrative error. As such, pursuant to section 586 of the Act, clause 2 of the Agreement is taken to have no effect to the extent that it refers to the CEPU Electrical Communications Postal Plumbing and Allied Trades Union ETU Division Brisbane Branch (The Union).
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 14 March 2018.
DEPUTY PRESIDENT
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