Daily Group Pty Ltd T/A Baw Baw Civil
[2024] FWCA 1327
•15 APRIL 2024
| [2024] FWCA 1327 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Daily Group Pty Ltd T/A Baw Baw Civil
(AG2024/927)
BAW BAW CIVIL ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER ALLISON | MELBOURNE, 15 APRIL 2024 |
Application for approval of the Baw Baw Civil Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Baw Baw Civil 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 Daily Group Pty Ltd T/A Baw Baw Civil. The Agreement is a single enterprise agreement.
On 3 April 2024, my Chambers issued correspondence to the parties outlining concerns with the Agreement and seeking further documentation and/or response submissions from the Applicant. Having received the Applicant’s response, I am satisfied the following issues have been resolved:
- The signature page did not meet the requirements set out in regulation 2.06A of the Fair Work Regulations 2009. I sought and received an amended signature page from the Employer.
That the Notice of Employee Representational Rights (NERR) that was issued to the employees was not on the current prescribed form. However, I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.
- Clause 18.1(b), relating to shiftworkers, appears to provide a more restrictive definition of a shiftworker for the purposes of the National Employment Standards than the Award. The Employer provided a written undertaking to address this issue.
A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertaking 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 15 April 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE524206 PR773470>
Annexure A
0
0
0