J.Evers Pty Ltd

[2013] FWCA 4385

[2013] FWCA 4385

FAIR WORK COMMISSION

DECISION

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

J.Evers Pty Ltd
(AG2013/7019)

THE PLUMBING DOCTOR NEWCASTLE ENTERPRISE AGREEMENT 2013

Plumbing industry
COMMISSIONER BULL	SYDNEY, 4 JULY 2013

Application for approval of The Plumbing Doctor Newcastle Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Plumbing Doctor Newcastle Enterprise Agreement 2013 (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.

Undertakings

[2] The Commission wrote to the Applicant seeking a number of undertakings, in particular, with respect to clause 37 - Termination and clause 43 - Dismissal of the Agreement. The Commission advised the Applicant that the notice period provided under the Agreement was not in accordance with the Act and the provisions of the Agreement, in relation to gross misconduct may not meet the definition of gross misconduct under the Act. The Applicant has provided an undertaking with respect to clause 37 and clause 43 of the Agreement, that the notice period will be in accordance with s.117(2) of the Act.

[3] An undertaking with respect to clause 20 - Annual Leave / Permanent Flexible, the accrual of annual leave in accordance with the National Employment Standards, has been provided by the employer.

[4] An undertaking with respect to clause 21 - Sick Leave / Personal Leave / Permanent Flexible, the accrual of personal leave in accordance with the National Employment Standards, has been provided by the employer.

[5] An undertaking with respect to clause 35 - Dispute Resolution, applying to any disputes that arise under the National Employment Standards and representation of employees, has been provided by the Applicant, has been provided by the employer.

[6] An undertaking with respect to clause 40 - Bereavement Leave, the entitlement to two days unpaid leave in accordance with the National Employment Standards, has been provided by the employer.

[7] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

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

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 11 July 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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