Apex Facades NSW Operations Pty Ltd

[2024] FWCA 1803

[2024] FWCA 1803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Apex Facades NSW Operations Pty Ltd

(AG2024/1486)

APEX FACADES OPERATIONS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 MAY 2024

Application for approval of the Apex Facades Operations Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Apex Facades Operations Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apex Facades NSW Operations Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2024. The nominal expiry date of the Agreement is 15 May 2028.

COMMISSIONER

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Annexure A