Bernard Hart Nominees Pty Ltd T/A Bendigo Metals

[2019] FWCA 2082

[2019] FWCA 2082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bernard Hart Nominees Pty Ltd T/A Bendigo Metals
(AG2018/5660)

BENDIGO METALS SHOP FLOOR EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 APRIL 2019

Application for approval of the Bendigo Metals Shop Floor Employees Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo Metals Shop Floor Employees Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bernard Hart Nominees Pty Ltd T/A Bendigo Metals. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 1 October 2022.

COMMISSIONER

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Annexure A