ALE Heavylift (Australia) Pty Ltd

[2017] FWCA 349

[2017] FWCA 349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ALE Heavylift (Australia) Pty Ltd
(AG2016/7493)

ALE HEAVYLIFT (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2017

Application for approval of the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the ALE Heavylift (Australia) Pty Ltd Enterprise Agreement 2016 (Agreement). The application was made by ALE Heavylift (Australia) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[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] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2017. The nominal expiry date of the Agreement is 17 January 2020.

COMMISSIONER

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Annexure A