D & C Construction Solutions Pty Ltd T/A D & C Labour Solutions

[2017] FWCA 6213

[2017] FWCA 6213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D & C Construction Solutions Pty Ltd T/A D & C Labour Solutions
(AG2017/3093)

D & C LABOUR SOLUTIONS ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the D & C Labour Solutions Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the D & C Labour Solutions Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D & C Construction Solutions Pty Ltd T/A D & C Labour Solutions. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at sub-clauses 2.19, 2.20 and 2.21. On 15 November 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The Applicant 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 1 December 2017. The nominal expiry date of the Agreement is 23 November 2021.

DEPUTY PRESIDENT

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Annexure A