BGC Australia Pty Ltd T/A BGC Concrete

[2014] FWCA 6835

[2014] FWCA 6835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BGC Australia Pty Ltd T/A BGC Concrete
(AG2014/8920)

BGC AUSTRALIA PTY LTD T/AS BGC CONCRETE - CONCRETE BATCHERS AND DESPATCHERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 10 OCTOBER 2014

Application for approval of the BGC Australia Pty Ltd T/as BGC Concrete - Concrete Batchers and Despatchers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BGC Australia Pty Ltd T/as BGC Concrete - Concrete Batchers and Despatchers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BGC Australia Pty Ltd T/A BGC Concrete. 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 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.

[5] The Agreement was approved on 10 October 2014 and, in accordance with s.54, will operate from 17 October 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

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Annexure A