B & L Mechanical Air Services Pty Ltd
[2023] FWCA 162
•18 JANUARY 2023
| [2023] FWCA 162 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
B & L Mechanical Air Services Pty Ltd
(AG2022/5411)
B & L MECHANICAL AIR SERVICES PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2022 - 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 18 JANUARY 2023 |
Application for approval of the B & L Mechanical Air Services Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2022 - 2023
An application has been made for approval of an enterprise agreement known as the B & L Mechanical Air Services Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2022 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 January 2023. The nominal expiry date of the Agreement is 30 November 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518910 PR749740>
Annexure A
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