Adfinis Pty Ltd

[2017] FWCA 479

[2017] FWCA 479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adfinis Pty Ltd
(AG2016/7092)

ADFINIS PTY LTD ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NEW SOUTH WALES 2015-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 24 JANUARY 2017

Application for approval of the Adfinis Pty Ltd On-site Construction Enterprise Agreement for New South Wales 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Adfinis Pty Ltd On-site Construction Enterprise Agreement for New South Wales 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adfinis Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 24 January 2017 and, in accordance with s.54, will operate from 31 January 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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Annexure A