Arc 3 Pty Ltd

[2020] FWCA 389

[2020] FWCA 389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arc 3 Pty Ltd
(AG2019/5094)

ARC 3 ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 JANUARY 2020

Application for approval of the Arc 3 Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Arc 3 Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arc 3 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. Pursuant to s.201(3), 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 and 188 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 Agreement was approved on 24 January 2020 and, in accordance with s.54, will operate from 31 January 2020. The nominal expiry date of the Agreement is 23 January 2024.

COMMISSIONER

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Annexure A