Brunton Engineering & Construction Pty. Ltd.

Case

[2024] FWCA 4326

6 DECEMBER 2024


[2024] FWCA 4326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brunton Engineering & Construction Pty. Ltd.

(AG2024/4385)

BRUNTON ENGINEERING & CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries

DEPUTY PRESIDENT O’NEILL

MELBOURNE, 6 DECEMBER 2024

Application for approval of the Brunton Engineering & Construction Pty Ltd Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Brunton Engineering & Construction Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brunton Engineering & Construction Pty. Ltd. The Agreement is a single enterprise agreement.

  1. The employer provided a pre-reform version of the NERR to employees. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for this minor procedural error. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

  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. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 6 December 2028.

DEPUTY PRESIDENT
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