Syfon Systems Pty Ltd

[2022] FWCA 3878

[2022] FWCA 3878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Syfon Systems Pty Ltd

(AG2022/4455)

SYFON SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2022-2025

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 4 NOVEMBER 2022

Application for approval of the SYFON SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2022-2025

1. An application has been made for approval of an enterprise agreement known as the SYFON SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Syfon Systems Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 2 November 2022 and was determined on the papers.

1. The Applicant has submitted an undertaking in the required form on 4 November 2022. The undertaking deals with the following topics:

·  Notwithstanding clause 3.5 of the Agreement, termination shall be in accordance with the National Employment Standards (NES) when dealing with abandonment of employment. The effect of this undertaking is that employees who are deemed to have abandoned their employment may (depending on the circumstances) be entitled to notice of termination in line with s.117 of the Act (subject to the limits outlined in s.123).

·  Notwithstanding clause 10.2 of the Agreement, the model consultation term shall apply. The model consultation term has been attached to the Agreement.

1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not object to the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2026.

COMMISSIONER

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