Platinum Fire Systems Pty Ltd

[2024] FWCA 626

[2024] FWCA 626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Platinum Fire Systems Pty Ltd

(AG2024/242)

PLATINUM FIRE SYSTEMS FIRE ALARMS ENTERPRISE AGREEMENT 2023 - 2027

Plumbing industry
COMMISSIONER MIRABELLA	MELBOURNE, 23 FEBRUARY 2024

Application for approval of the Platinum Fire Systems Fire Alarms Enterprise Agreement 2023 - 2027.

1. Platinum Fire Systems Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Platinum Fire Systems Fire Alarms Enterprise Agreement 2023 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 2 August 2023 and the Agreement was made on 31 January 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. Section 188(1) of the FW Act requires the Commission to take into account the Statement of Principles on Genuine Agreement (Statement of Principles) made under s.188B in determining whether it is satisfied that an enterprise agreement has been genuinely agreed to by the employees covered by the agreement. Paragraph 15 of the Statement of Principles provides that employees should be given a reasonable opportunity to vote on a proposed enterprise agreement in a free and informed manner, which includes using a voting process that ensures the vote of each employee is not disclosed to or ascertainable by an employer.

1. The Employer advised the Commission in the Form F17B declaration that the vote was conducted via a show of hands.

1. I have considered several matters, including but not limited to the number of employees who were eligible to vote and who voted, being four employees, and the view of the employee bargaining representative for the Agreement, Mr Andrew Garaty, who advised my chambers on 19 February 2024 that there was genuine agreement on the part of employees to approve the Agreement and that the workplace unanimously supports the Agreement. I am convinced that the Agreement has been genuinely agreed to within the meaning of s.186(2)(a) of the FW Act.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 38.2: Personal leave

·   Clause 39: Substitution of public holidays

1. However, noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement was approved on 23 February 2024 and, in accordance with s.54, will operate from 1 March 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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