Crest Air Conditioning Pty Ltd

[2013] FWCA 1655

[2013] FWCA 1655

FAIR WORK COMMISSION

DECISION

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

Crest Air Conditioning Pty Ltd
(AG2013/301)

CREST AIRCONDITIONING PTY LTD CERTIFIED AGREEMENT

Plumbing industry
COMMISSIONER BULL	SYDNEY, 18 MARCH 2013

Application for approval of the CREST AIR CONDITIONING PTY LTD CERTIFIED AGREEMENT.

[1] An application has been made for approval of an enterprise agreement known as the CREST AIR CONDITIONING PTY LTD CERTIFIED AGREEMENT (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.

Undertakings

[2] An undertaking with respect to clause 9 - Dispute procedure, applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] An undertaking with respect to clause 20 - Hours of work, and in particular, the ordinary days of work, has been provided by the Applicant.

[4] An undertaking with respect to clause 21 - Annual leave, and in particular subclause 21.1.3, cashing out of annual leave, has been provided by the Applicant.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] The Agreement covers the employer’s construction site installation employees, including mechanical plumbers, mechanical service workers and apprentices. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 25 March 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Annexure A

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