Andrew Walter Constructions Pty Ltd T/A Andrew Walter Constructions

[2019] FWCA 3770

[2019] FWCA 3770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Andrew Walter Constructions Pty Ltd T/A Andrew Walter Constructions
(AG2019/578)

ANDREW WALTER CONSTRUCTIONS WORKERS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 30 MAY 2019

Application for approval of the Andrew Walter Constructions Workers Enterprise Agreement 2018.

[1] Andrew Walter Constructions Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Andrew Walter Constructions Workers Enterprise Agreement 2018 (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.

[3] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and 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.

[5] The Agreement was approved on 30 May 2019 and, in accordance with s 54, will operate from 6 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

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Annexure A