R.E. McHahon Pty Ltd

[2019] FWCA 5522

[2019] FWCA 5522

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.E. McHahon Pty Ltd
(AG2019/1771)

R.E. MCMAHON PTY LTD PLUMBERS AND TRADES ASSISTANTS COLLECTIVE AGREEMENT 2019-2021

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 AUGUST 2019

Application for approval of the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Collective 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the R.E. McMahon Pty Ltd Plumbers and Trades Assistants Collective 2019-2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[5] Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 14 August 2021.

DEPUTY PRESIDENT

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Annexure A