Axis Plumbing Services WA Pty Ltd

[2014] FWCA 9246

[2014] FWCA 9246

FAIR WORK COMMISSION

DECISION

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

Axis Plumbing Services WA Pty Ltd
(AG2014/10149)

AXIS PLUMBING SERVICES WA PTY LTD EBA 2015-2016

Plumbing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Axis Plumbing Services WA Pty Ltd EBA 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Axis Plumbing Services WA Pty Ltd EBA 2015-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Axis Plumbing Services WA Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] In my view, the Consultation of Workplace Change provision in clause 29 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

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