Westside Plumbing Pty Ltd
[2023] FWCA 2297
•25 JULY 2023
| [2023] FWCA 2297 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Westside Plumbing Pty Ltd
(AG2023/2282)
WESTSIDE PLUMBING PTY LTD (SANITARY CONSTRUCTION AND SERVICE) ENTERPRISE AGREEMENT 2023
| Plumbing industry | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 25 JULY 2023 |
Application for approval of the Westside Plumbing Pty Ltd (Sanitary Construction and Service) Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Westside Plumbing Pty Ltd (Sanitary Construction and Service) Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westside Plumbing Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 20 June 2023 in accordance with s.185(3) of the Act. As it was not filed until 10 July 2023, it was filed after the expiry of the statutory timeframe. Having received further submissions relating to that issue I consider it fair in all the circumstances to extend the time for making the application. Pursuant to s.185(3)(b) of the Act I extend the time for making the application until 10 July 2023.
The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520874 PR764552>
Annexure A
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