Trevena Sustainable Heating + Cooling Pty Ltd

[2019] FWCA 3923

[2019] FWCA 3923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trevena Sustainable Heating + Cooling Pty Ltd
(AG2019/154)

TREVENA SUSTAINABLE HEATING + COOLING PTY LTD AGREEMENT 2018

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 JUNE 2019

Application for approval of the Trevena Sustainable Heating + Cooling Pty Ltd Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trevena Sustainable Heating + Cooling Pty Ltd 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 Trevena Sustainable Heating + Cooling Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at page 33, clause 18.8. On 8 May 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.

[3] 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.

[4] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement was approved on 6 June 2019 and, in accordance with s.54, will operate from 13 June 2019. The nominal expiry date of the Agreement is 30 November 2022.

COMMISSIONER

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Annexure A