Birdon Pty. Ltd.

[2019] FWCA 5096

[2019] FWCA 5096

FAIR WORK COMMISSION

DECISION

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

Birdon Pty. Ltd.
(AG2019/198)

BIRDON DREDGING (NON-PROPELLED DREDGES) ENTERPRISE AGREEMENT 2018

Dredging industry
COMMISSIONER RIORDAN	SYDNEY, 29 JULY 2019

Application for approval of the Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Birdon Dredging (Non-Propelled Dredges) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Birdon Pty. Ltd. The Agreement is a single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received correspondence dated 22 July 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager – Birdon Pty. Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Annexure A

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