R.E. McMahon Pty Ltd

[2024] FWCA 1549

[2024] FWCA 1549

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

R.E. McMahon Pty Ltd

(AG2024/1261)

R.E. MCMAHON PTY LTD PLUMBERS & TRADES ASSISTANTS ENTERPRISE AGREEMENT 2024 - 2027

Plumbing industry
COMMISSIONER JOHNS	MELBOURNE, 29 APRIL 2024

Application for approval of the R.E. McMahon Pty Ltd Plumbers & Trades Assistants Enterprise Agreement 2024 - 2027

1. An application has been made for approval of an enterprise agreement known as the R.E. McMahon Pty Ltd Plumbers & Trades Assistants Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.E. McMahon Pty Ltd. The Agreement is a single enterprise agreement.

1. An assessment of the Agreement has identified four clauses that may be inconsistent with the National Employment Standards (NES).  In particular, the terms relating to:

a)Clause 24: abandonment of employment;

b)Clause 28.3: termination of employment;

c)Clause 28.4: monies owed at termination; and

d)Clause 50.3: personal leave notice.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Noting the NES precedence clause (clause 8), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2024. The nominal expiry date of the Agreement is 28 April 2027.

COMMISSIONER

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