APP Painting Solutions Pty Ltd

[2020] FWCA 5971

[2020] FWCA 5971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APP Painting Solutions Pty Ltd
(AG2020/3063)

‘APP PAINTING SOLUTIONS PTY LTD’ ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the ‘APP Painting Solutions Pty Ltd’ Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ‘APP Painting Solutions Pty Ltd’ Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APP Painting Solutions Pty Ltd. 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 are relevant to this application for approval and have been met.

[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 is approved and in accordance with s.54, will operate from 13 November 2020. The nominal expiry date of the Agreement is 5 November 2024.

COMMISSIONER

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Annexure A