ADB Safegate Australia Pty Ltd T/A Safegate Australia

[2019] FWCA 8138

[2019] FWCA 8138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADB Safegate Australia Pty Ltd T/A Safegate Australia
(AG2019/4122)

SAFEGATE AUSTRALIA PTY LTD VICTORIA (OTHER THAN TULLAMARINE) ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Safegate Australia Pty Ltd Victoria (other than Tullamarine) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Safegate Australia Pty Ltd Victoria (other than Tullamarine) Enterprise Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ADB Safegate Australia Pty Ltd T/A Safegate Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 28 November 2023.

COMMISSIONER

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Annexure A