Bardavcol Pty Ltd

[2017] FWCA 2421

[2017] FWCA 2421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bardavcol Pty Ltd
(AG2017/939)

BARDAVCOL PTY LTD ENTERPRISE AGREEMENT 2016 CIVIL CONSTRUCTION AND MAINTENANCE PROJECTS

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 MAY 2017

Application for approval of the Bardavcol Pty Ltd Enterprise Agreement 2016 Civil Construction and Maintenance Projects.

[1] An application has been made for approval of an enterprise agreement known as the Bardavcol Pty Ltd Enterprise Agreement 2016 Civil Construction and Maintenance Projects (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bardavcol Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Construction, Forestry, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 3 May 2021.

COMMISSIONER

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Annexure A