Circlacon Pty Ltd
[2022] FWCA 882
•15 MARCH 2022
| [2022] FWCA 882 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Circlacon Pty Ltd
(AG2022/577)
Circlacon Pty Ltd Enterprise Agreement
| Building, metal and civil construction industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 15 MARCH 2022 |
Application for approval of the Circlacon Pty Ltd Enterprise Agreement
Circlacon Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Circlacon Pty Ltd Enterprise Agreement (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 8 March 2022.
On 8 March 2022, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:
· Further information was requested and received from the employer to establish how the terms and effects of the Agreement were explained to employees and what was told to employees to be satisfied s.180(5) was met.
· Chambers raised better off overall concerns regarding apprentice pay rates.
The Applicant has submitted an undertaking in the required form dated 10 March 2022. The undertaking deals with the following topics:
· In respect of better off overall issued relating to casual pay rates, the Applicant provided pay rates that are better off than the Award.
No bargaining representatives were appointed.
The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 March 2026.
COMMISSIONER
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