Barden – Steeldeck Industries Pty Ltd

Case

[2018] FWCA 1044

16 FEBRUARY 2018


[2018] FWCA 1044 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Barden – Steeldeck Industries Pty Ltd

(AG2017/5022)

Barden - Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019

Plumbing industry

Commissioner Lee

MELBOURNE, 16 FEBRUARY 2018

Application for approval of the Barden - Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

  1. An application has been made for approval of an enterprise agreement known as the Barden - Steeldeck Industries Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise 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 Barden – Steeldeck Industries Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

[4] The Agreement lodged contained an error at Schedule A.H Clause 2.1. On 13 February 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE427376  PR600494>

Annexure A

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