AMS Commercial Solutions Pty Ltd T/A Commercial Solutions
[2016] FWCA 7277
•10 OCTOBER 2016
| [2016] FWCA 7277 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
AMS Commercial Solutions Pty Ltd T/A Commercial Solutions
(AG2016/5260)
AMS COMMERCIAL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016
Building, metal and civil construction industries | |
COMMISSIONER CIRKOVIC | MELBOURNE, 10 OCTOBER 2016 |
Application for approval of the AMS Commercial Solutions Pty Ltd Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the AMS Commercial Solutions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AMS Commercial Solutions Pty Ltd T/A Commercial Solutions. The Agreement is a single enterprise agreement.
[2] The Applicant 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[5] The Agreement was approved on 10 October 2016 and, in accordance with s.54, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2019.
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ANNEXURE A
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