Barker Air Services Pty Ltd

[2016] FWCA 6313

[2016] FWCA 6313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Barker Air Services Pty Ltd
(AG2016/3913)

BARKER AIR SERVICES PTY LTD ON-SITE CONSTRUCTION HVAC WORKERS COLLECTIVE AGREEMENT FOR NSW 2015-2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Barker Air Services Pty Ltd On-Site Construction HVAC Workers Collective Agreement for NSW 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Barker Air Services Pty Ltd On-Site Construction HVAC Workers Collective Agreement for NSW 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Barker Air Services 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2016. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

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ANNEXURE A