Smolenaars Plumbing Pty Ltd T/A Smolenaars Plumbing

[2019] FWCA 2414

[2019] FWCA 2414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Smolenaars Plumbing Pty Ltd T/A Smolenaars Plumbing
(AG2018/5234)

SMOLENAARS PLUMBING PTY LTD ENTERPRISE AGREEMENT 2018

Plumbing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 APRIL 2019

Application for approval of the Smolenaars Plumbing Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Smolenaars Plumbing Pty Ltd 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 Smolenaars Plumbing Pty Ltd T/A Smolenaars Plumbing. 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.

[3] Subject to the undertakings, 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] The Agreement lodged contained an administrative error at clause 29.1. On 5 April 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

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Annexure A