ADA Construction Services Pty Ltd

[2021] FWCA 4745

[2021] FWCA 4745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADA Construction Services Pty Ltd
(AG2021/6383)

ADA CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 AUGUST 2021

Application for approval of the ADA Construction Services Pty Ltd Enterprise Agreement 2021.

[1] ADA Construction Services Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the ADA Construction Services Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 July 2021.

[3] On 30 July 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  The Commission sought an amended signature page which the Applicant provided; and

•  Further information was requested from the Applicant to establish how the terms and effects of the Agreement were explained to employees and what was told to employees to be satisfied s.180(5) of the Fair Work Act was met.

[4] The Applicant provided additional material and submissions on the above concerns and I am satisfied they have addressed the concerns raised.

[5] 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.

[6] 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 30 June 2025.

COMMISSIONER

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