A. Murray & Sons Pty Ltd

[2019] FWCA 7607

[2019] FWCA 7607

FAIR WORK COMMISSION

DECISION

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

A. Murray & Sons Pty Ltd
(AG2019/2634)

A MURRAY & SONS PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 6 NOVEMBER 2019

Application for approval of the A Murray & Sons Pty Ltd Enterprise Agreement 2019-2023.

[1] An application (Form F16) has been filed by A. Murray & Sons Pty Ltd (the applicant), for the approval of an enterprise agreement known as the A Murray & Sons Pty Ltd Enterprise Agreement 2019-2023 (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] Following issues being raised with the applicant by the Commission, the applicant provided undertakings regarding:

•  The provisions of the National Employment Standards prevail in respect of clauses 30.2, 30.7 and 33 of the Agreement;

•  The Plumbing and Fire Sprinklers Award 2010 prevails in respect of clauses 21 and 32.2 of the Agreement;

•  Minimum engagement of employees required to work on a Public Holiday;

•  Rates of pay for Trades Assistants ‘Newcastle/ Central Coast/ Wollongong’ and ‘All Other Areas’;

•  Rates of pay for Plumbers ‘All Other Areas’; and

•  Exclusion of Plumbers ‘All Other Areas’ from company allowances under clause 26.1 of the Agreement.

[3] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings and the considerations 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. The employee bargaining representatives’ views were sought regarding the undertakings.

[5] 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 4 years from the date of approval of the Agreement.

DEPUTY PRESIDENT

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