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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Strategic Fire Services Pty. Ltd., sought approval of the Strategic Fire Services Pty. Ltd. Fire Alarm (Commercial Sector Contracting) Enterprise Agreement 2020. The application was heard by the Fair Work Commission, with the respondents being the Electrical Trades Union of Australia and the Association of Professional Engineers, Scientists and Managers, Australia. The applicants sought to have the agreement approved as a safety net agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval as a safety net agreement, specifically whether it provided for a safety net of minimum terms and conditions and whether it was in the public interest.

The legal issues that the Commission was required to decide included whether the agreement provided for a safety net of minimum terms and conditions, whether the agreement was in the public interest, and whether the agreement provided for a safety net of minimum terms and conditions that were no less favourable than the applicable awards. The Commission also had to consider whether the agreement was likely to have a detrimental effect on the safety and health of employees.

The Commission found that the agreement met the statutory requirements for approval as a safety net agreement. It found that the agreement provided for a safety net of minimum terms and conditions that were no less favourable than the applicable awards and that the agreement was in the public interest. The Commission also found that the agreement was not likely to have a detrimental effect on the safety and health of employees. The Commission approved the agreement as a safety net agreement, subject to certain conditions.

The final orders of the Commission were that the agreement be approved as a safety net agreement, subject to the conditions set out in the decision. The applicants were required to provide a copy of the approved agreement to the Commission within 14 days of the decision. The agreement was to come into effect on the first day of the month following its approval by the Commission. The respondents were required to provide a copy of the approved agreement to their members within 14 days of the decision.

Strategic Fire Services Pty. Ltd.

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established