Adfinis Pty Ltd

[2019] FWCA 7500

[2019] FWCA 7500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adfinis Pty Ltd
(AG2019/3274)

ADFINIS PTY LTD ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NEW SOUTH WALES 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 5 NOVEMBER 2019

Application for approval of the Adfinis Pty Ltd On-site Construction Enterprise Agreement for New South Wales 2019-2022.

[1] An application has been filed by Adfinis Pty Ltd(the applicant/employer) for the approval of an enterprise agreement known as the Adfinis Pty Ltd On-site Construction Enterprise Agreement for New South Wales 2019-2022 (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 as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided undertakings regarding wage rates of apprentices and trainees under the Agreement.

[3] A copy of the undertakings is attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. The views of the AMWU were sought with respect to the undertakings. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 1March 2022.

DEPUTY PRESIDENT

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