AKN Pty Ltd T/A Aitkin Crane Services

[2019] FWCA 8474

[2019] FWCA 8474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AKN Pty Ltd T/A Aitkin Crane Services
(AG2019/711)

AKN PTY LTD NATIONAL EMPLOYEE SERVICES AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 DECEMBER 2019

Application for approval of the AKN Pty Ltd National Employee Services Agreement 2019.

[1] AKN Pty Ltd T/A Aitkin Crane Services (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the AKN Pty Ltd National Employee Services Agreement 2019 (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] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] It is noted that clause 4 of the Agreement states the Agreement will commence on 8 May 2019, subject to approval by the Commission. It was raised with the Applicant that this is inconsistent with s.54 of the Act. Notwithstanding clause 4, the Agreement will operate from 20 December 2019, 7 days after its approval.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 20 December 2019. The nominal expiry date of the Agreement is 7 May 2023.

DEPUTY PRESIDENT

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