Shield Fire Systems Pty Ltd

[2021] FWCA 4502

[2021] FWCA 4502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shield Fire Systems Pty Ltd
(AG2021/6286)

SHIELD FIRE SYSTEMS PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2021

Fire fighting services
COMMISSIONER PLATT	ADELAIDE, 27 JULY 2021

Application for approval of the Shield Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2021.

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

[2] The matter was allocated to my Chambers on 26 July 2021 and was determined on the papers.

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

•  Clause 6.3.3 of the Agreement states that the employee will notify the employer prior to 8.00 am on the day of absence unless special circumstances apply. This is inconsistent with s.107 of the Act which states that notice must be provided as soon as reasonably practicable, which may be a time after the leave has commenced.

•  Clause 6.4.1 of the Agreement states that the employee will give notice for carer’s leave prior to the absence, and if not possible, the employee will notify the employer at the first opportunity on the day of absence. As above, this seems to place a more onerous obligation on the employee than s.107 of the Act.

[4] Clause 1.9 of the Agreement acts as an effective NES Precedence clause, in that it states that where there is an inconsistency between the Agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. As a result of the NES Precedence Clause, the above clauses will not apply to the extent that they are inconsistent with the NES.

[5] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” (CEPU), 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, 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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