Sanwell Pty Ltd
[2022] FWCA 4208
•30 NOVEMBER 2022
| [2022] FWCA 4208 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sanwell Pty Ltd
(AG2022/4775)
Sanwell Pty Ltd and Employee Enterprise Agreement 2022 -2025
| Plumbing industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 30 NOVEMBER 2022 |
Application for approval of the Sanwell Pty Ltd and Employee Enterprise Agreement 2022 - 2025
An application has been made for approval of an enterprise agreement to be known as the Sanwell Pty Ltd and Employee Enterprise Agreement 2022 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sanwell Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 29 November 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Plumbing and Fire Sprinklers Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisations
The Construction, Forestry, Maritime, Mining and Energy Union, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2022. The nominal expiry date of the Agreement is 30 September 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518372 PR748452>
Annexure A
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