O P Industries Pty Ltd

[2019] FWCA 5505

[2019] FWCA 5505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O P Industries Pty Ltd
(AG2019/2664)

O.P. INDUSTRIES PTY LTD PLUMBING MECHANICAL SERVICES ON SITE ENTERPRISE AGREEMENT 2019 - 2022

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 8 AUGUST 2019

Application for approval of the O.P. Industries Pty Ltd Plumbing Mechanical Services On Site Enterprise Agreement 2019 - 2022.

[1] 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 2019 - 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by O P Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 August 2019.

[3] On 7 August 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 7 August 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The Applicant gives assurance that part time employees will be entitled to notice of termination in accordance with the NES.

•  The Applicant gives assurance that casual employees will be entitled to leave in accordance with the NES.

•  The Applicant gives assurance that annual leave accrues in accordance with the NES.

•  Clause 40.1.3 of the Agreement shall not apply.

•  Clause 40.2.4 is renumbered ‘40.1.3’.

•  The Applicant provides a replacement clause in relation to the rate of pay for adult apprentices.

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

[6] 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.

[7] 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.

[8] 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.

[9] 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 20 June 2022.

COMMISSIONER

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