Ultimate Fire Control Pty Ltd

[2013] FWCA 8952

[2013] FWCA 8952

FAIR WORK COMMISSION

DECISION

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

Ultimate Fire Control Pty Ltd
(AG2013/11030)

ULTIMATE FIRE CONTROL PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2013-2016

Plumbing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 NOVEMBER 2013

Application for approval of the Ultimate Fire Control Pty Ltd Sprinkler Fitters Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Ultimate Fire Control Pty Ltd Sprinkler Fitters Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ultimate Fire Control Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“In the event an employee of Ultimate Fire Control Pty Ltd who is “on call” as defined in the Ultimate Fire Control Pty Ltd Enterprise Agreement 2013-2016 for 26 or more weekends in a year, they will be entitled to an additional weeks annual leave on the same terms and conditions as per clause 34.1 of the Plumbing and Fire Sprinklers Award 2010”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 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 22 November 2013. The nominal expiry date of the Agreement is 31 October 2016.

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