The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd

[2019] FWCA 6193

[2019] FWCA 6193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd
(AG2019/2671)

FIRE CONTROL SOLUTIONS PTY LTD ELECTRICAL EMPLOYEE ENTERPRISE AGREEMENT 2019-2022

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 10 SEPTEMBER 2019

Application for approval of the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2019-2022.

[1] An application has been filed by The Trustee for the Fire Control Solutions Trust T/A Fire Control Solutions Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Fire Control Solutions Pty Ltd Electrical Employee Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The applicant provided an undertaking that the Asset Superannuation fund, referred to as the default superannuation fund at clause 20 of the Agreement, will not be offered as a fund to employees in the Agreement on the basis it is not a MySuper product as required by s.194(h) of the Act.

[3] The undertaking is attached at the end of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement. The bargaining representatives for the Agreement agree with the terms of the undertaking provided by the applicant.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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. A copy of the model consultation term is attached at the end of the Agreement.

[6] 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. A copy of the model flexibility term is attached at the end of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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