J&P Richardson Industries Pty Ltd T/A J&P Richardson Industries Pty Ltd

[2020] FWCA 1246

[2020] FWCA 1246

FAIR WORK COMMISSION

DECISION

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

J&P Richardson Industries Pty Ltd T/A J&P Richardson Industries Pty Ltd
(AG2020/339)

J & P RICHARDSON INDUSTRIES PTY LTD UNION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 6 MARCH 2020

Application for approval of the J&P Richardson Industries Union Enterprise Agreement 2020.

[1] J&P Richardson Industries Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the J & P Richardson Industries Pty Ltd Union Enterprise Agreement 2020 (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.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and the nominated employee bargaining representatives for the Agreement regarding the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The CEPU being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU) has also 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 the CEPU and the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2020. The nominal expiry date of the Agreement is 16 February 2023.

COMMISSIONER

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Annexure A: