Acciona Construction Australia Pty Ltd T/A Acciona Construction Australia Pty Ltd
[2022] FWCA 118
•14 JANUARY 2022
| [2022] FWCA 118 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Acciona Construction Australia Pty Ltd T/A Acciona Construction Australia Pty Ltd
(AG2021/8909)
Acciona Construction Australia Pty Ltd South Australia Enterprise Agreement 2021
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 14 JANUARY 2022 |
Application for approval of the Acciona Construction Australia Pty Ltd South Australia Enterprise Agreement 2021.
Acciona Construction Australia Pty Ltd (the Employer) has made an application for the approval of the Acciona Construction Australia Pty Ltd South Australia Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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.
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.
The Agreement lodged contained an error at Clause 44.1(1)(d). On 31 December 2021 the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that is appropriate to do so pursuant to s.586 of the Act.
The Australian Workers’ Union (AWU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) were bargaining representatives for the Agreement and has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AWU and CFMMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2022. The nominal expiry date of the Agreement is 14 January 2026.
DEPUTY PRESIDENT
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