Proficient Fire Protection Pty Ltd

[2021] FWCA 1921

[2021] FWCA 1921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreementProficient Fire Protection Pty Ltd

(AG2021/4446)

PROFICIENT FIRE PROTECTION PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2021

Fire fighting services
COMMISSIONER PLATT	ADELAIDE, 9 APRIL 2021

Application for approval of the Proficient Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Proficient Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) Proficient Fire Protection Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 8 April 2021. This application has been determined on the papers.

[3] There are two National Employment Standards (NES) issues that require comment.

[4] Clause 6.4.1 of the Agreement places greater notification obligations on an employee who takes carer’s leave than is required by the NES at s.107(2)(a) of the Act. Clause 1.9 of the Agreement is a NES precedence clause and provides that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. As a result of the NES precedence clause, the notification obligations on an employee who takes carer’s leave will be consistent with s.107(2)(a) of the Act.

[5] In addition, the Agreement is unclear whether employees who are deemed to have abandoned employment under clause 3.4 are entitled to receive notice of termination under the Agreement. As a result of the NES precedence clause, employees who abandon their employment will be entitled to notice in accordance with the NES.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, (and despite clause 1.5 of the Agreement) will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2025.

COMMISSIONER

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