DM Plumbing Pty Ltd

[2019] FWCA 7902

[2019] FWCA 7902

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DM Plumbing Pty Ltd
(AG2019/3599)

DM PLUMBING PTY LTD ENTERPRISE AGREEMENT 2019 -2022

Plumbing industry
DEPUTY PRESIDENT BULL	SYDNEY, 22 NOVEMBER 2019

Application for approval of the DM Plumbing Pty Ltd Enterprise Agreement 2019 -2022.

[1] An application (Form F16) has been filed by DM Plumbing Pty Ltd (the applicant), for the approval of an enterprise agreement known as the DM Plumbing Pty Ltd Enterprise Agreement 2019 -2022 (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 as per s.172(2) of the Act.

[2] Following issues being raised with the applicant by the Commission, the applicant provided undertakings regarding:

● Definition of shiftworker and annual leave;

● Parental leave;

● Personal leave;

● Community Service Leave;

● Public Holidays;

● Adult Apprentices;

● Night Shift; and

● Allowances.

[3] The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] Subject to the undertaking 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’s consultation term was not in accordance with s.205(1) of the Act. 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. A copy of the model consultation term is attached at the end of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 27 July 2022.

DEPUTY PRESIDENT

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