Architectural Facade Cladding Solutions Pty Ltd T/A ACLAD
[2017] FWCA 4557
•1 SEPTEMBER 2017
| [2017] FWCA 4557 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Architectural Facade Cladding Solutions Pty Ltd T/A ACLAD
(AG2017/2372)
Architectural Facade Cladding Solutions Pty Ltd Enterprise Agreement 2017
| Building, metal and civil construction industries | |
| Commissioner Gregory | MELBOURNE, 1 SEPTEMBER 2017 |
Application for approval of the Architectural Facade Cladding Solutions Pty Ltd Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Architectural Facade Cladding Solutions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Architectural Facade Cladding Solutions Pty Ltd T/A ACLAD. The Agreement is a single enterprise agreement.
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.
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.
It is noted that the Construction, Forestry, Mining and Energy Union (“CFMEU”) indicated that it wished to be heard in regard to the application, and was provided with relevant documents in the application on 5 July 2017 and again on 28 July 2017.
On 28 July 2017 an email was sent to the CFMEU requesting that the Union advise whether they were a bargaining representative for the Agreement. The CFMEU responded on 1 August 2017 requesting an extension of time to respond until close of business on 4 August 2017. This extension was provided by return email on the same day. No further correspondence has been received from the CFMEU since this time.
The CFMEU is not listed as a bargaining representative on the Form F16, nor have they indicated that they were a bargaining representative for the Agreement. I am not satisfied that the CFMEU should now be given a further opportunity to be heard about the application for approval of the Agreement on the basis that it has not identified or disclosed any legitimate reason or ground that would warrant it being heard.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2017. The nominal expiry date of the Agreement is 31 August 2021.
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Annexure A
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