Doolan Plumbing Pty Ltd
[2019] FWCA 7447
•28 OCTOBER 2019
| [2019] FWCA 7447 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Doolan Plumbing Pty Ltd
(AG2019/3874)
DOOLAN PLUMBING ENTERPRISE BARGAINING AGREEMENT JANUARY 2020
Plumbing industry | |
COMMISSIONER CIRKOVIC | MELBOURNE, 28 OCTOBER 2019 |
Application for approval of the Doolan Plumbing Enterprise Bargaining Agreement January 2020.
[1] An application has been made for approval of an enterprise agreement known as the Doolan Plumbing Enterprise Bargaining Agreement January 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doolan Plumbing Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the agreement.
[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] 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.
[5] 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.
[6] The Agreement was approved on 28 October 2019 and, in accordance with s.54, will operate from 4 November 2019. The nominal expiry date of the Agreement is 8 October 2023.
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Annexure A
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