AE Atherton & Sons Pty Ltd T/A Atherton

[2016] FWCA 7812

[2016] FWCA 7812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AE Atherton & Sons Pty Ltd T/A Atherton
(AG2016/6221)

A E ATHERTON & SONS PTY LTD SERVICE DIVISION ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the A E Atherton & Sons Pty Ltd Service Division Enterprise Agreement 2016 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the
A E Atherton & Sons Pty Ltd Service Division Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AE Atherton & Sons Pty Ltd T/A Atherton. 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 27 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE421945  PR586984>

ANNEXURE A