Precision Fire Protection Services Pty Ltd

[2021] FWCA 1673

[2021] FWCA 1673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Precision Fire Protection Services Pty Ltd
(AG2021/4197)

PRECISION FIRE PROTECTION SERVICES PTY LTD - ELECTRICAL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT DEAN	SYDNEY, 26 MARCH 2021

Application for approval of the Precision Fire Protection Services Pty Ltd - Electrical Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Precision Fire Protection Services Pty Ltd - Electrical 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 Precision Fire Protection Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that clause 37 (Abandonment of employment) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2021. The nominal expiry date of the Agreement is 2 April 2024.

DEPUTY PRESIDENT

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Annexure A