BDB Steelfixers Pty Ltd

[2019] FWCA 3649

[2019] FWCA 3649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BDB Steelfixers Pty Ltd
(AG2019/494)

BDB STEELFIXERS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 30 MAY 2019

Application for approval of the BDB Steelfixers Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BDB Steelfixers Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by BDB Steelfixers Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 24 May 2019. The undertaking deals with the following topics:

•  The Applicant had adopted the definition of a shift worker as contained in clause 3.1 of the Building and Construction General On-Site Award 2010 for the purposes of the National Employment Standards.

•  Clause 14.1.4 of the Agreement will operate subject to s.324 and s.326 of the Act.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 May 2023.

COMMISSIONER

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