Finestone Investments Pty Ltd

[2015] FWCA 3478

[2015] FWCA 3478

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Finestone Investments Pty Ltd
(AG2015/1036)

THE ACE PLUS PLUMBING, GAS & MAINTENANCE ENTERPRISE AGREEMENT 2015

Plumbing industry
DEPUTY PRESIDENT KOVACIC	SYDNEY, 22 MAY 2015

Application for approval of The Ace Plus Plumbing, Gas & Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Ace Plus Plumbing, Gas & Maintenance Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Finestone Investments Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Finestone Investments Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] 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.

[5] 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.

[6] 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 is approved and, in accordance with s.54 of the Act, will operate from 29 May 2015. The nominal expiry date of the Agreement is 22 May 2019.

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