S J Plumbing Industries Pty Ltd

[2021] FWCA 5804

[2021] FWCA 5804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S J Plumbing Industries Pty Ltd
(AG2021/6889)

SJ PLUMBING INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 SEPTEMBER 2021

Application for approval of the SJ Plumbing Industries Pty Ltd Enterprise Agreement 2021 – 2025.

[1] An application has been made for approval of an enterprise agreement known as the SJ Plumbing Industries Pty Ltd Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S J Plumbing Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2021. The nominal expiry date of the Agreement is 12 September 2025.

DEPUTY PRESIDENT

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Annexure A