Donex Pty Ltd T/A First Degree Commercial Refrigeration & Air Conditioning

[2014] FWCA 2531

[2014] FWCA 2531

FAIR WORK COMMISSION

DECISION

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

Donex Pty Ltd T/A First Degree Commercial Refrigeration & Air Conditioning
(AG2014/832)

FIRST DEGREE DUCT ERECTORS ON SITE ENTERPRISE AGREEMENT 2013 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 APRIL 2014

First Degree Duct Erectors On Site Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the First Degree Duct Erectors On Site Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Donex Pty Ltd T/A First Degree Commercial Refrigeration & Air Conditioning. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“It is confirmed that First Degree will ensure that, in total, employees who undertake shiftwork by mutual agreement, meet the requirements of the “better off overall test”.

It is requested that this undertaking has the effect of being a term of the Enterprise Agreement under section 191 of the Fair Work Act 2009.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2014. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

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