All Construction Engineering Pty Ltd T/A All Construction Engineering

[2019] FWCA 4325

[2019] FWCA 4325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Construction Engineering Pty Ltd T/A All Construction Engineering
(AG2019/993)

ALL CONSTRUCTION ENGINEERING FABRICATION AND MECHANICAL ON-SITE CONSTRUCTION ENTERPRISE AGREEMENT FOR NEW SOUTH WALES 2018

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 21 JUNE 2019

Application for approval of the All Construction Engineering Fabrication and Mechanical On-site Construction Enterprise Agreement for New South Wales 2018.

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

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement lodged contained a typographical error on page two of the Agreement. On 17 June 2019 the Applicant filed an amended page two of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 20 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504054  PR709586>

Annexure A