Timtrel Pty Ltd T/A Clements Air Conditioning Refrigeration and Electrical

[2019] FWCA 4491

[2019] FWCA 4491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Timtrel Pty Ltd T/A Clements Air Conditioning Refrigeration and Electrical
(AG2019/757)

CLEMENTS AIR CONDITIONING REFRIGERATION AND ELECTRICAL EMPLOYEE COLLECTIVE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 27 JUNE 2019

Application for approval of the Clements Air Conditioning Refrigeration and Electrical Employee Collective Agreement 2019.

[1] An application (Form F16) has been filed by Timtrel Pty Ltd T/A Clements Air Conditioning Refrigeration and Electrical(the applicant) for the approval of an enterprise agreement known as the Clements Air Conditioning Refrigeration and Electrical Employee Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding:

•  Payment for personal/carer’s leave;

•  Notice of termination of employment;

•  Severance payments; and

•  Apprentice pay rates.

[3] A copy of the undertakings is attached at the end of the Agreement. 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 bargaining representative has approved the undertakings.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 27 June 2023.

DEPUTY PRESIDENT

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