O.P. Industries Pty Ltd
[2022] FWCA 3756
•26 OCTOBER 2022
| [2022] FWCA 3756 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
O.P. Industries Pty Ltd
(AG2022/4377)
O.P. INDUSTRIES PTY LTD PLUMBING MECHANICAL SERVICESON SITE ENTERPRISE AGREEMENT 2022
| Plumbing industry | |
| COMMISSIONER PLATT | ADELAIDE, 26 OCTOBER 2022 |
Application for approval of the O.P. INDUSTRIES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE ENTERPRISE AGREEMENT 2022
An application has been made for approval of an enterprise agreement known as the O.P. INDUSTRIES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE ENTERPRISE AGREEMENT 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by O.P. Industries Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 25 October 2022 and was determined on the papers.
The Applicant submitted an undertaking in the required form on 26 October 2022. The undertaking deals with the following topics:
· The definition of a shift worker will be for the purposes of the National Employment Standards (NES).
· The company will not make any deductions that are inconsistent with the NES or sections 324-326 of the Act.
· The company has amended the table labelled ‘Registered Plumbers’ which is contained at Appendix A of the Agreement. The amended table can be seen in the undertakings attached to the Agreement.
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 did not object to the undertaking.
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.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 October 2025.
COMMISSIONER
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