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

Case

[2009] FWA 157

27 AUGUST 2009

No judgment structure available for this case.

[2009] FWA 157

The attached document replaces the document previously issued with the above code on 27 August 2009.

The Publication Id. has been amended from ‘AG871324’ to ‘AE871345’.

Janet Hall

Associate to Senior Deputy President Acton

28 August 2009

[2009] FWA 157


FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2009/11921)

ARCHITECTURAL CLADDING AUSTRALIA PTY LTD AND PLUMBERS UNION (VIC) PLUMBING COLLECTIVE AGREEMENT 2009-2011

Plumbing industry

SENIOR DEPUTY PRESIDENT ACTON

SYDNEY, 27 AUGUST 2009

Application for approval of the Architectural Cladding Australia Pty Ltd and Plumbers Union (Vic) Plumbing Agreement 2009-2011.

[1] An application has been made for approval of an enterprise agreement known as the Architectural Cladding Australia Pty Ltd and Plumbers Union (Vic) Plumbing Agreement 2009-2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU). The agreement is a single-enterprise agreement.

[2] The Agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). Accordingly, when considering whether to approve the Agreement, I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 3 September 2009. The nominal expiry date of the Agreement is 31 October 2011.

[6] The agreement does not include a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The agreement does not include a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The CEPU 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.

SENIOR DEPUTY PRESIDENT




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