AMHARC Pty Ltd

[2019] FWCA 5804

[2019] FWCA 5804

FAIR WORK COMMISSION

DECISION

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

AMHARC Pty Ltd
(AG2019/1015)

AMHARC ENTERPRISE AGREEMENT 2019 - 2022.

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 AUGUST 2019

Application for approval of the AMHARC Enterprise Agreement 2019-2022.

[1] AMHARC Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the AMHARC Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] It is noted that clause 4.1 of the Agreement states the Agreement will operate from seven days from the date of approval and will continue for a period of three years thereafter. Clause 4.2 also states that the nominal expiry date of the Agreement is 30 March 2022. The nominal expiry date is confirmed by Question 2.2 of the Form F17 Employer’s statutory declaration as being 30 March 2022.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 27 August 2019. The nominal expiry date of the Agreement is 30 March 2022.

DEPUTY PRESIDENT

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