M&V Consultants Pty Ltd T/A V.I.C Insulation Contractors

[2017] FWCA 3607

[2017] FWCA 3607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M&V Consultants Pty Ltd T/A V.I.C Insulation Contractors
(AG2017/2037)

V.I.C INSULATION (VIC) PTY LTD PLUMBING & CEPU PLUMBING CONTRACTING ENTERPRISE AGREEMENT 2017-2019

Tasmania
COMMISSIONER LEE	MELBOURNE, 6 JULY 2017

Application for approval of the V.I.C Insulation (Vic) Pty Ltd Plumbing & CEPU Plumbing Contracting Enterprise Agreement 2017-2019.

[1] An application has been made for approval of a greenfields agreement known as the V.I.C Insulation (Vic) Pty Ltd Plumbing & CEPU Plumbing Contracting Enterprise Agreement 2017-2019 (Agreement). The application was made by M&V Consultants Pty Ltd T/A V.I.C Insulation Contractors pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

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ANNEXURE A