ADCO Constructions Pty Ltd T/A ADCO

[2021] FWCA 6851

[2021] FWCA 6851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ADCO Constructions Pty Ltd T/A ADCO
(AG2021/8392)

ADCO CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2021 - 2023

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 25 NOVEMBER 2021

Application for approval of the ADCO Constructions Pty Ltd Enterprise Agreement 2021 -2023.

[1] ADCO Constructions Pty Ltd T/A ADCO (the Employer) has applied for approval of an enterprise agreement known as the ADCO Constructions Pty Ltd Enterprise Agreement 2021 -2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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ANNEXURE A