Austunnel Pty Ltd

[2018] FWCA 2352

[2018] FWCA 2352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Austunnel Pty Ltd
(AG2017/6702)

AUSTUNNEL PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 26 APRIL 2018

Application for approval of the Austunnel Pty Ltd Enterprise Agreement 2017.

[1] Austunnel Pty Ltd (Austunnel) has applied for approval of an enterprise agreement known as the Austunnel Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed Austunnel it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 19 April 2018 undertakings were provided by Austunnel. A copy of the undertakings is attached at 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.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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.

[5] The Agreement is approved, and in accordance with s.54 of the Act will operate from 3 May 2018. The nominal expiry date of the Agreement is 3 May 2022.

COMMISSIONER

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Annexure A