Amey Bros Pty Ltd
[2021] FWCA 5900
•20 SEPTEMBER 2021
| [2021] FWCA 5900 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Amey Bros Pty Ltd
(AG2021/7277)
AMEY BROS ENTERPRISE AGREEMENT 2021
Road transport industry | |
DEPUTY PRESIDENT DEAN | CANBERRA, 20 SEPTEMBER 2021 |
Application for approval of the Amey Bros Enterprise Agreement 2021.
[1] An application has been made for approval of an enterprise agreement known as the Amey Bros Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Amey Bros Pty Ltd (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. The undertakings are taken to be a term of the agreement.
[3] Subject to the undertakings referred to above, 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 Notice of employee representational rights (NERR) provided to the employees is an earlier version of the notice which contains content that is not prescribed by the Fair Work Regulations 2009. Having regard to the submissions of the employer, I am satisfied that this constitutes a minor technical error and that employees covered by this Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to by the employees covered by the Agreement within the meaning of s.188 of the Act.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 19 September 2025.
DEPUTY PRESIDENT
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Annexure A
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