Allfab Constructions Pty Limited

[2019] FWCA 5715

[2019] FWCA 5715

FAIR WORK COMMISSION

DECISION

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

Allfab Constructions Pty Limited
(AG2019/1285)

ALLFAB CONSTRUCTIONS PTY LIMITED ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2019

Application for approval of the Allfab Constructions Pty Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Allfab Constructions Pty Limited Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Allfab Constructions Pty Limited (Employer). 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] 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.

[4] The Agreement lodged contained an administrative error at clause 8.8. On 14 August 2019, the Employer filed an amended version of the Agreement correcting the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.
[6] The Australian Workers’ Union, and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 26 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504912  PR711397>

Annexure A