Modcol Pty Ltd

[2020] FWCA 905

[2020] FWCA 905

FAIR WORK COMMISSION

DECISION

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

Modcol Pty Ltd
(AG2020/265)

MODCOL PTY LTD SOUTH AUSTRALIA 2019 ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 19 FEBRUARY 2020

Application for approval of the Modcol Pty Ltd South Australia 2019 Enterprises Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Modcol Pty Ltd South Australia 2019 Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Modcol Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 February 2020.

[3] The Applicant has submitted an undertaking in the required form dated 19 February 2020. The Applicant has inserted a National Employment Standards (NES) precedence clause. This has the effect of remedying clause 33 (Personal Leave) which expresses the entitlement to personal leave in hours rather than days and clause 7.1 and 7.2 (Breach of Agreement) which states that no leave loading will be payable on accrued annual leave when an employee is summarily dismissed for theft or serious misconduct, which appears inconsistent with s.90(2) of the Act.

[4] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has 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 this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507151  PR716879>