Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2017] FWCA 6011

[2017] FWCA 6011

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/3314)

PPFSA PTY LTD T/A PRISTINE PLUMBING AND FIRE SPECIALIST AUSTRALIA AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
COMMISSIONER HUNT	BRISBANE, 15 NOVEMBER 2017

Application for approval of the PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) has applied for approval of an enterprise agreement known as the PPFSA Pty Ltd t/a Pristine Plumbing and Fire Specialist Australia 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). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed PPFSA Pty Ltd T/A Pristine Plumbing and Fire Specialist Australia (the Employer) it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 15 November 2017 undertakings were provided by the Employer. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that the undertakings is taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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Annexure A