Watson Fitzgerald & Associates Pty Ltd
[2022] FWCA 4068
•21 NOVEMBER 2022
| [2022] FWCA 4068 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Watson Fitzgerald & Associates Pty Ltd
(AG2022/4623)
Watson Fitzgerald & Associates Pty Ltd & CEPU SouthAustralia, Mechanical Services Agreement 2022-2025
| Plumbing industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 21 NOVEMBER 2022 |
Application for approval of the Watson Fitzgerald & Associates Pty Ltd & CEPU South Australia, Mechanical Services Agreement 2022-2025
An application has been made for approval of an enterprise agreement known as the Watson Fitzgerald & Associates Pty Ltd & CEPU South Australia, Mechanical Services Agreement 2022-2025 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Watson Fitzgerald & Associates Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The copy of the Agreement filed in the Commission contained a discrepancy between the title of the Agreement on the cover page and the title of the Agreement at clause 1. On 21 November 2022, the Employer submitted a revised cover page correcting the title of the Agreement to reflect the title at clause 1. I have determined to exercise my discretion under s 586(a) of the Act to accept the amendment to the Agreement on the basis that it removes the ambiguity created by the discrepancy.
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
Clause 11 of the Agreement provides that employees under the Agreement will be employed as either full-time daily hire, part-time or casual. Accordingly, it appears that part time employees are not “daily hire” employees. Clause 19.1 of the Agreement provides that employees are entitled to one day’s notice of termination. The provision of one day’s notice to a part time employee who is not a “daily hire” employee may be inconsistent with the National Employment Standards (NES); specifically, the notice of termination obligations under s 117 of the Act. However, noting clauses 3.5 and 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 November 2022. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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