Strategic Fire Services Pty. Ltd.

[2021] FWCA 4926

[2021] FWCA 4926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Strategic Fire Services Pty. Ltd.
(AG2021/5545)

STRATEGIC FIRE SERVICES PTY. LTD. FIRE ALARM (COMMERCIAL SECTOR CONTRACTING) ENTERPRISE AGREEMENT 2020

Fire fighting services
DEPUTY PRESIDENT EASTON	SYDNEY, 10 AUGUST 2021

Application for approval of the Strategic Fire Services Pty. Ltd. Fire Alarm (Commercial Sector Contracting) Enterprise Agreement 2020.

[1] Strategic Fire Services Pty. Ltd. (the Employer) has made an application for the approval of the Strategic Fire Services Pty. Ltd. Fire Alarm (Commercial Sector Contracting) Enterprise Agreement 2020 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I note that Clause 29(a) – Personal/Carer’s Leave is potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] One procedural matter arose during the approval process in relation to the signature page to the Agreement. Certain information required under Rule 2.06A of the Fair Work Regulations 2009 (“the Regulations”) was not provided on the signature page filed with the original application. An amended signature page was provided by the Employer and at the brief hearing on 9 August 2021 all of the signatories indicated their acknowledgment that the information on the amended page was correct. The requirements of s.185(5) of the Act and Regulation 2.06A of the Regulations are therefore met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 17 August 2024.

DEPUTY PRESIDENT

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Annexure A