Avant-Garde Insulation (No 2) Pty Ltd

[2019] FWCA 5516

[2019] FWCA 5516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avant-Garde Insulation (No 2) Pty Ltd
(AG2019/1858)

AVANT-GARDE INSULATIONS (NO.2) PTY LTD ON-SITE CONSTRUCTION AGREEMENT FOR NSW AND ACT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 AUGUST 2019

Application for approval of the Avant-Garde Insulations (No.2) Pty Ltd On-Site Construction Agreement for NSW and ACT 2019.

[1] Avant-Garde Insulation (No 2) Pty Ltd has applied for approval of a single enterprise agreement known as the Avant-Garde Insulations (No.2) Pty Ltd On-Site Construction Agreement for NSW and ACT 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, concerns were raised in relation to whether the Agreement passes the “better off overall” test and includes the mandatory terms.

Undertakings

[3] Written undertakings were given to address concerns in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not raise any concerns about or oppose the Undertakings.

[4] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Approval requirements met

[5] On the basis of the material contained in the application, further information provided on request of the Commission and having regard to the Undertakings, 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.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement was approved on 9 August 2019 and, in accordance with s.54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 9 August 2022.

[9] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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