Bild Services Pty Ltd

Case

[2022] FWCA 3911

7 NOVEMBER 2022


[2022] FWCA 3911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bild Services Pty Ltd

(AG2022/4516)

Profiling Division AWU Victorian Agreement 2022 - 2025

Asphalt industry

COMMISSIONER JOHNS

MELBOURNE, 7 NOVEMBER 2022

Application for approval of the Profiling Division AWU Victorian Agreement 2022 - 2025

  1. An application has been made for approval of an enterprise agreement known as the Profiling Division AWU Victorian Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bild Services Pty Ltd. The Agreement is a single enterprise agreement.

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

  1. 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.

  1. The Australian Workers’ Union 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.

  1. Noting that the deduction in clause 28.10 of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2022. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

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<AE518096  PR747698>

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