Ballestrin Construction Services Pty Ltd

[2019] FWCA 4365

[2019] FWCA 4365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballestrin Construction Services Pty Ltd
(AG2019/1011)

BALLESTRIN CONSTRUCTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 JUNE 2019

Application for approval of the Ballestrin Construction Services Pty Ltd Enterprise Agreement 2019.

[1] Ballestrin Construction Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as Ballestrin Construction Services Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement.

[3] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 was approved on 24 June 2019 and, in accordance with s 54, will operate from 1 July 2019. The nominal expiry date of the Agreement is 24 June 2023.

DEPUTY PRESIDENT

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Annexure A