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

Printed by authority of the Commonwealth Government Printer

The applicant, Shield Fire Systems Pty Ltd, sought approval of the Enterprise Agreement 2021 from the Fair Work Commission. The agreement was made between Shield Fire Systems, an employer in the fire sprinkler fitting industry, and the United Voice union, representing the employees. The union sought to have the agreement certified as the new enterprise agreement for the company, which would replace the existing agreement set to expire on 30 June 2022. The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it was made in good faith, whether it provided for genuine agreement, and whether it included the necessary minimum terms and conditions. The Commission found that the agreement was made in good faith and that there was genuine agreement between the parties. The Commission also found that the agreement contained all the required minimum terms and conditions, and that it was fair and reasonable. The Commission approved the agreement, which will now become the new enterprise agreement for the company. The decision is a positive outcome for the union and the employees, as it provides them with the certainty of a new agreement that meets the necessary legal requirements.

Shield Fire Systems Pty Ltd

DECISION

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Background to the litigation

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Reasons for decision

Legal Principle Established