A1 Passive Fire Pty Ltd

[2023] FWCA 2404

[2023] FWCA 2404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

A1 Passive Fire Pty Ltd

(AG2023/2443)

A1 PASSIVE FIRE PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 3 AUGUST 2023

Application for approval of the A1 Passive Fire Pty Ltd Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the A1 Passive Fire Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by A1 Passive Fire Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 27 July 2023.

1. On 28 July 2023, the Employer was invited to address the aspects of the Agreement including through the provision of an undertaking.

1. The Employer has provided written undertakings, dated 1 August 2023, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. 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, thus appearing to meet the requirements of s.190(3). The undertakings are taken to be a term of the agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. 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 9 August 2027.

COMMISSIONER

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Annexure A