Retail FM Pty Ltd

[2015] FWCA 917

[2015] FWCA 917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Retail FM Pty Ltd
(AG2015/79)

RETAIL FM PTY. LTD. NSW DESIGN & INSTALLATION AGREEMENT 2014-2018

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 FEBRUARY 2015

Application for approval of the Retail FM Pty Ltd NSW Design & Installation Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Retail FM Pty Ltd NSW Design & Installation Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement. A copy of the Model Consultation Term is attached at the end of the Agreement.

[4] The agreement does not contain a flexibility term. The model flexibility term as set out in Schedule 2.2 of the Fair Work Regulations 2009 will be taken to be a term of the agreement. A copy of the Model Flexibility Term is attached the end of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 13 February 2015. The nominal expiry date of the Agreement is 21 June 2018.

DEPUTY PRESIDENT

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