Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company

[2019] FWCA 4774

[2019] FWCA 4774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company
(AG2019/1972)

PACIFIC INDUSTRIAL COMPANY (WA) PTY LTD ON-SITE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 9 JULY 2019

Application for approval of the Pacific Industrial Company (WA) Pty Ltd On-site Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Pacific Industrial Company (WA) Pty Ltd On-site Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pacific Industrial Company (WA) T/A Pacific Industrial Company. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 June 2019.

[3] On 28 June 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 1 July 2019. The undertaking deals with the following topics:

•  The Agreement will commence 7 days after it is approved.

•  Clause 15.4.1 of the Agreement will be amended to provide that all full-time and part-time employees will be entitled to a day off on a public holiday.

[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 did not express any view on 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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[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 8 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504360 PR710158>