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

[2013] FWCA 2478

[2013] FWCA 2478

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
(AG2013/5681)

CLEMENTS AIR CONDITIONING REFRIGERATION AND ELECTRICAL PTY LTD ELECTRICAL COLLECTIVE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 23 APRIL 2013

Application for the approval of the CLEMENTS AIR CONDITIONING REFRIGERATION AND ELECTRICAL Pty Ltd Electrical Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CLEMENTS AIR CONDITIONING REFRIGERATION AND ELECTRICAL Pty Ltd Electrical Collective Agreement 2013 (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.

[2] At clause 1 - Title of Agreement, it states that the Agreement shall be known as the “CLEMENTS AIR CONDITIONING REFRIGERATION AND ELECTRICAL Pty Ltd Electrical Collective Agreement 2009”. The applicant’s representative has advised the Commission that the name of the Agreement is “CLEMENTS AIR CONDITIONING REFRIGERATION AND ELECTRICAL Pty Ltd Electrical Collective Agreement 2013” as per the Agreement title page and not that expressed at clause 1.

[3] The Agreement covers the employer’s electrical staff within the definitions at Schedule A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 30 April 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400909  PR535929>