Currumbin Constructions Formwork Pty Ltd

[2015] FWCA 400

[2015] FWCA 400

FAIR WORK COMMISSION

DECISION

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

Currumbin Constructions Formwork Pty Ltd
(AG2014/10938)

CURRUMBIN CONSTRUCTIONS FORMWORK PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 JANUARY 2015

Application for approval of the Currumbin Constructions Formwork Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 December 2014 by Currumbin Constructions Formwork Pty Ltd for the approval of a single-enterprise agreement known as the Currumbin Constructions Formwork Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] On 12 January 2015, the Employer provided six undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, 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.

[4] The flexibility clause in the Agreement does not conform with s.203 of the Act. Pursuant 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. Similarly, the consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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