Trojan Fire Protection Pty Ltd

[2024] FWCA 1902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trojan Fire Protection Pty Ltd

(AG2024/1617)

TROJAN FIRE PROTECTION PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2024

Plumbing industry
COMMISSIONER TRAN	MELBOURNE, 24 MAY 2024

Application for approval of the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2024

Trojan Fire Protection Pty Ltd has applied for approval of an enterprise agreement known as the Trojan Fire Protection Pty Ltd Sprinkler Fitters Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I note that the following clauses may be inconsistent with the National Employment Standards:

- Clause 3.5.2 – Withholding Monies at Termination as it may operate to permit monies owing to an employee under the NES, may be inconsistent with s 324 and unenforceable under s 326; and

-     Clause 6.2.1 – Annual Leave as it provides for annual leave in days rather than in weeks as required by s 87(1) of the Act; and
-     Clause 6.3.3 – Personal/Carer’s Leave as it has more onerous notice requirements than s 107; and
-     Clause 6.5 – Compassionate Leave as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act.

As the Agreement contains an effective National Employment Standards precedence clause at Clause 1.9, I am satisfied that the more beneficial entitlements of the NES will prevail.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 31 May 2024.

In accordance with Clause 1.6, the nominal expiry date of the Agreement is 1 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Trojan Fire Protection Pty Ltd sought approval for their 2024 Sprinkler Fitters Enterprise Agreement. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for the company's sprinkler fitters, with the Australian Council of Trade Unions acting as a party with a significant interest in the agreement. The primary issue for the Commission to decide was whether the proposed agreement met the criteria for being a "better off overall test" (BOOT) agreement, which ensures that no employee is worse off under the new agreement compared to their previous conditions.

The Commission considered whether the agreement provided a BOOT to the employees, taking into account various factors such as pay rates, working conditions, and overall benefits. The company argued that the proposed agreement would enhance job security and provide additional benefits such as improved leave provisions. The union countered that the proposed changes would result in employees being worse off due to reduced pay rates and additional work requirements. After thorough examination of the submissions and evidence presented, the Commission concluded that the agreement met the BOOT requirements, as the overall benefits provided to employees outweighed the disadvantages.

The Commission approved the application, finding that the agreement provided for fair and reasonable terms and conditions of employment. The decision was based on the evidence that the agreement would not lead to any employee being worse off and would offer additional benefits such as improved leave provisions. The approval of the agreement ensures that the company and its employees have a clear framework for their employment relationship going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established