Austral Precast (NSW) Pty Ltd T/A Austral Precast
[2022] FWCA 564
•18 FEBRUARY 2022
| [2022] FWCA 564 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Austral Precast (NSW) Pty Ltd T/A Austral Precast
(AG2022/10)
AUSTRAL PRECAST NEW SOUTH WALES ENTERPRISE AGREEMENT 2021
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 18 FEBRUARY 2022 |
Application for approval of the Austral Precast New South Wales Enterprise Agreement 2021
Austral Precast (NSW) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Austral Precast New South Wales Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed on 18 February 2022. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
Section 190 Undertakings
The Employer 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
Sections 186, 187, 188 and 190
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.
Section 183 Bargaining representative
The Australian Workers Union (the AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.
In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.
Approval
The Agreement is approved and, in accordance with s.54(1)(b) of the Act and clause 4.4 of the Agreement, will operate from 28 February 2022. The nominal expiry date of the Agreement is 18 February 2025.
COMMISSIONER
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