A & R Commercial Pty Ltd T/A Arcom Electrical & Refrigeration

[2014] FWCA 2663

[2014] FWCA 2663

FAIR WORK COMMISSION

DECISION

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

A & R Commercial Pty Ltd T/A Arcom Electrical & Refrigeration
(AG2014/5649)

ARCOM ELECTRICAL & REFRIGERATION DUCT ERECTORS ON SITE ENTERPRISE AGREEMENT 2014

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 24 APRIL 2014

Application for approval of the Arcom Electrical & Refrigeration Duct Erectors on Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Arcom Electrical & Refrigeration Duct Erectors on Site Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A & R Commercial Pty Ltd T/A Arcom Electrical & Refrigeration. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“The Parties to the Agreement further agree that in the event shift work terms are mutually agreed to, that all employees will receive payments for that shift work that meet the requirements of the “better off overall test” as set down in Section 193 of the Fair Work Act 2009.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

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

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 May 2014. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

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