Bernard Hart Nominees Pty Ltd T/A Hartway Galvanizers Canning Vale; Hartway Naval Base Pty Ltd T/A Hartway Galvanizers Naval Base

[2019] FWCA 2450

[2019] FWCA 2450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bernard Hart Nominees Pty Ltd T/A Hartway Galvanizers Canning Vale; Hartway Naval Base Pty Ltd T/A Hartway Galvanizers Naval Base
(AG2018/5502)

HARTWAY GALVANIZERS DISTRIBUTION EMPLOYEES ENTERPRISE AGREEMENT 2018-2022

Road transport industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 APRIL 2019

Application for approval of the Hartway Galvanizers Distribution Employees Enterprise Agreement 2018-2022.

[1] Bernard Hart Nominees Pty Ltd, Hartway Naval Base Pty Ltd has made an application for the approval of an enterprise agreement known as the Hartway Galvanizers Distribution Employees Enterprise Agreement 2018-2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as Annexure A to this decision.

[3] 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.

[4] 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and 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.

[6] The Agreement was approved on 10 April 2019 and, in accordance with s 54, will operate from 17 April 2019. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

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Annexure A