J & T Mechanical Installation Pty Ltd

[2017] FWCA 6904

[2017] FWCA 6904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J & T Mechanical Installation Pty Ltd
(AG2017/3432)

J & T MECHANICAL INSTALLATION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 20 DECEMBER 2017

Application for approval of the J & T Mechanical Installation Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the J & T Mechanical Installation Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & T Mechanical Installation 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 J & T Mechanical Installation Pty Ltd. For the purposes of the Better Off Overall Test (BOOT), based on submissions made by the Applicant in a hearing on 16 November 2017, I am satisfied that all relevant employees are covered by the Manufacturing and Associated Industries and Occupations Award 2010 and do not perform on-site building work. Nevertheless, given that in the past the Applicant has arguably performed such work, I have accepted an undertaking that should employees perform any work covered by the Building and Construction General On-Site Award 2010, the provisions of that Award shall apply.

[4] 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 are attached to this decision.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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Annexure A