Altius Construction & Engineering Pty Limited

[2021] FWCA 2068

[2021] FWCA 2068

FAIR WORK COMMISSION

DECISION

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

Altius Construction & Engineering Pty Limited
(AG2021/4062)

ALTIUS CONSTRUCTION AND ENGINEERING PTY LIMITED AMWU ON-SITE CONSTRUCTION AGREEMENT FOR NSW 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 APRIL 2021

Application for approval of the Altius Construction and Engineering Pty Limited AMWU On-Site Construction Agreement for NSW 2019-2022.

[1] Altius Construction & Engineering Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Altius Construction and Engineering Pty Limited AMWU On-Site Construction Agreement for NSW 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Employer applied under s.586 of the Act for the Commission to correct a typographical error relating to clause numbering within the Agreement at clause 14.2. The Employer submitted an amended page correcting the error. I am satisfied that it is appropriate to amend the Agreement to correct the typographical error.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 April 2021 and, in accordance with s 54, will operate from 23 April 2021. The nominal expiry date of the Agreement is 30 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511100  PR728658>

Annexure A.