Westside Plumbing Pty Ltd

[2020] FWCA 6641

[2020] FWCA 6641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westside Plumbing Pty Ltd
(AG2020/3689)

WESTSIDE PLUMBING PTY LTD ENTERPRISE AGREEMENT 2020

Plumbing industry
COMMISSIONER PLATT	ADELAIDE, 10 DECEMBER 2020

Application for approval of the Westside Plumbing Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Westside Plumbing Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Westside Plumbing Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 December 2020.

[3] I note that clause 41(c) may not be a permitted deduction under s.324 of the Act. In addition, clauses 21.1, 36.5, 40 and 20.2 appear to be inconsistent with the National Employment Standards (NES), however are remedied by clause 1.4 (a NES precedence clause). In particular, annual leave in clause 21.2. is expressed in days rather than weeks as required by s.87 of the Act, deductions made in accordance with clause 36.5 on termination may not be permitted, clause 40 (abandonment of employment) appears to be inconsistent with s.117 of the Act and in relation to clause 20.2, there is no reference to the Northern Territory.

[4] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2023.

COMMISSIONER

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