Sublime Air Group Pty Ltd

[2016] FWCA 1213

[2016] FWCA 1213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sublime Air Group Pty Ltd
(AG2016/2048)

“SUBLIME AIR GROUP PTY LTD” ON-SITE CONSTRUCTION HVAC WORKERS ENTERPRISE AGREEMENT FOR NSW 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the “Sublime Air Group Pty Ltd” On-Site Construction HVAC Workers Enterprise Agreement for NSW 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the "Sublime Air Group Pty Ltd" On-Site Construction HVAC Workers Enterprise Agreement for NSW 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sublime Air Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 February 2016 and, in accordance with s.54, will operate from 4 March 2016. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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Annexure A