Paragon Plumbing (WA) Pty Ltd T/A Paragon Plumbing (WA) Pty Ltd

[2019] FWCA 6668

[2019] FWCA 6668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paragon Plumbing (WA) Pty Ltd T/A Paragon Plumbing (WA) Pty Ltd
(AG2019/2688)

PARAGON PLUMBING (WA) PTY LTD MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2019-2022

Plumbing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 25 SEPTEMBER 2019

Application for approval of the PARAGON PLUMBING (WA) PTY LTD Mechanical Plumbing Enterprise Agreement 2019-2022.

[1] Paragon Plumbing (WA) Pty Ltd T/A Paragon Plumbing (WA) Pty Ltd has made an application for the approval of an enterprise agreement known as the PARAGON PLUMBING (WA) PTY LTD Mechanical Plumbing Enterprise Agreement 2019-2022(the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are 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] In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objections were raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement states that it will ‘come into operation from the date of lodgement and remain in force until 30 June 2022.’ 1 However, s 54(1) of the Act requires an agreement to operate 7 days after the date on which the agreement was approved, or at a later date specified by the agreement.

[6] As such, the Agreement was approved on 25 September 2019 and, in accordance with s 54, will operate from 2 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Annexure A

 1   Cl 4.1 of the Agreement.

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<AE505457  PR712773>