Alpha Fire Protection Pty Ltd
[2017] FWCA 3110
•7 JUNE 2017
| [2017] FWCA 3110 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Alpha Fire Protection Pty Ltd
(AG2017/1617)
Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019
| Plumbing industry | |
| Commissioner Gregory | MELBOURNE, 7 JUNE 2017 |
Application for approval of the Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.
An application has been made for approval of an enterprise agreement known as the Alpha Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpha Fire Protection Pty Ltd. The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied 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.
Subject to the undertakings 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, Queensland Branch, being a bargaining representative for the Agreement, has raised clauses 35.3 and 35.4 of the Agreement as an issue. Given that rates of pay within Appendix 2 of the Agreement for adult employees are at least 78% above the base rates of pay in the Plumbing and Fire Sprinkler Award 2010, I do not consider clauses 35.3 and 35.4 to be an impediment to approval of the Agreement.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Plumbing Division, Queensland Branch 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 14 June 2017. The nominal expiry date of the Agreement is 31 October 2019.
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Annexure A
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