Banjo Nominees Pty Ltd

[2020] FWCA 46

[2020] FWCA 46

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Banjo Nominees Pty Ltd
(AG2019/4368)

BANJO NOMINEES PTY LTD AND CEPU – PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the Banjo Nominees Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Banjo Nominees Pty Ltd and CEPU - Plumbing Division (Vic) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Banjo Nominees Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The application has been made by ‘the Trustees for the Patterson Family Trust trading as Banjo Nominees Pty Ltd’. The Agreement lodged with the Commission contained the Trustee entity. The employer has provided submissions that the reference to the Trustee entity was an error. The entity is Banjo Nominees Pty Ltd. On 13 December 2019, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act showing the correct entity to be covered by the Agreement. I am satisfied that the correction to the entity should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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