Hindmarsh Plumbing Services Pty Ltd

[2013] FWCA 8688

[2013] FWCA 8688

FAIR WORK COMMISSION

DECISION

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

Hindmarsh Plumbing Services Pty Ltd
(AG2013/11042)

HINDMARSH PLUMBING SERVICES PTY LTD (SERVICE DIVISION) COLLECTIVE AGREEMENT 2013

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 NOVEMBER 2013

Application for approval of the Hindmarsh Plumbing Services Pty Ltd (Service Division) Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hindmarsh Plumbing Services Pty Ltd (Service Division) Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hindmarsh Plumbing Services Pty Ltd. The Agreement is a single-enterprise agreement.

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

“Pursuant to s.190 of the Act, the Employer hereby undertakes to Fair Work Commission that:

1. The Plumbing and Fire Sprinklers Award 2010 states:

34.1 Leave entitlement

(a) In addition to the entitlement to annual leave in the NES, employees who are required to be on call for any part of 26 weekends or more in any year of employment are entitled to an additional week’s annual leave on the same terms and conditions.

2. Notwithstanding the above mentioned section of the award, the Employees working under the Agreement are only required on average to be “on-call” 6 weekends of the year. Subsequently there is no requirement to include the above addition to the Agreement denoting an additional week’s annual leave.”

[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 A.

[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] It should be noted that this matter is related to another application by Hindmarsh Plumbing Services Pty Ltd (AG2013/11043) under s.222 of the Fair Work Act 2009 for the termination of the Hindmarsh Plumbing Services Pty Ltd (Service Division) Collective Agreement 2009. I have advised the parties that termination of the 2009 agreement will be automatic upon approval of the agreement relative to this application (AG2013/11042). On this basis, the s.222 application is taken to be withdrawn.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2013. The nominal expiry date of the Agreement is 1 October 2017.

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