Trojan Fire Protection Pty Ltd

[2024] FWCA 1902

[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

1. 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).     

1. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

1. 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.

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

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

COMMISSIONER

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