Construction Sciences Staff Pty Ltd T/A Construction Sciences

[2020] FWCA 5024

[2020] FWCA 5024

FAIR WORK COMMISSION

DECISION

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

Construction Sciences Staff Pty Ltd T/A Construction Sciences
(AG2020/2344)

VICTORIAN CONSTRUCTION MATERIALS TESTING TECHNICIANS AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 SEPTEMBER 2020

Application for approval of the Victorian Construction Materials Testing Technicians Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Construction Materials Testing Technicians Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction Sciences Staff Pty Ltd T/A Construction Sciences. The Agreement is a single enterprise agreement.

[2] The employer 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] I note that clause 3.1 of the Agreement states that the Agreement shall commence after the Fair Work Commission approves it which differs from the requirements of s.54(1) of the Act.

[7] The Agreement was approved on 17 September 2020 and, in accordance with s.54, will operate 7 days from the date of approval of the Agreement, being 24 September 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

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