CC P&D (Aust) Pty Ltd

[2019] FWCA 4761

[2019] FWCA 4761

FAIR WORK COMMISSION

DECISION

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

CC P&D (Aust) Pty Ltd
(AG2019/743)

CC P&D (AUST) PTY LTD ENTERPRISE AGREEMENT 2019-2022

Plumbing industry
COMMISSIONER SIMPSON	BRISBANE, 9 JULY 2019

Application for approval of the CC P&D (Aust) Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CC P&D (Aust) Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CC P&D (Aust) Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] On 9 May 2019 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sent correspondence to the Commission advising it opposed certification of the Agreement as it believed employees in Western Australia employed by the business were not consulted in the negotiation of the Agreement.

[3] I listed the matter for hearing by telephone on 6 June 2019. The Applicant was represented by Ms Kathleen Christopher, Quality, Safety and Environmental Manager for the Applicant. The CEPU was unable to attend the hearing.

[4] At the hearing Ms Christopher clarified that there were no current employees that would be covered by the agreement in Western Australia and that there was another business, CC P&D Pty Ltd, ABN 94 158 062 394 , which is a different entity and employed some staff in Western Australia.

[5] The above was communicated to the CEPU by my associate and their opposition was withdrawn.

[6] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

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