Aerison EPC Pty Ltd

[2020] FWCA 5262

[2020] FWCA 5262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aerison EPC Pty Ltd
(AG2020/2472)

AERISON EPC PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 OCTOBER 2020

Application for approval of the Aerison EPC Pty Ltd Enterprise Agreement 2020.

[1] Aerison EPC Pty Ltd has made an application for the approval of an enterprise agreement known as the Aerison EPC Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] Clause 26.2 relates to the employer withholding final payments until all property is returned by an employee. Any application of this clause could be inconsistent with the Act and unenforceable. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved, and it does not represent a barrier to the approval of the Agreement.

[4] The Agreement was approved on 2 October 2020 and, in accordance with s 54, will operate from 9 October 2020. The nominal expiry date of the Agreement is 2 October 2024.

DEPUTY PRESIDENT

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