Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services

[2019] FWCA 4259

[2019] FWCA 4259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services
(AG2019/44)

ROBERTSON CIVIL SERVICES/PORTLAND ALUMINIUM ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 20 JUNE 2019

Application for approval of the Robertson Civil Services/Portland Aluminium Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Robertson Civil Services/Portland Aluminium Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robertson Plumbing & Gas Pty Ltd T/A Robertson Civil Services. The agreement is a single enterprise agreement.

[2] Clause 27.5 of the Agreement contained references to “Apprentices” when none are engaged and pursuant to s.586(a) of the Act I allow a correction to the Agreement so that references to “Apprentices” are removed.

[3] The Employer has provided written undertakings. A copy of the undertakings is 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.

[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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 20 June 2019 and, in accordance with s.54, will operate from 27 June 2019. The nominal expiry date of the Agreement is 30 November 2020.

DEPUTY PRESIDENT

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Annexure A