Daracon Contractors Pty Ltd; Daracon Engineering Pty Ltd; Daracon Rail Pty Ltd; Daromin Engineering Pty Limited; Paramount Landscaping Pty Ltd

[2014] FWCA 8418

[2014] FWCA 8418

FAIR WORK COMMISSION

DECISION

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

Daracon Contractors Pty Ltd; Daracon Engineering Pty Ltd; Daracon Rail Pty Ltd; Daromin Engineering Pty Limited; Paramount Landscaping Pty Ltd
(AG2014/7721)

DARACON GROUP CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 25 NOVEMBER 2014

Application for approval of the DARACON Group Civil Construction Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DARACON Group Civil Construction Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daracon Group, which includes, but is not limited to, Daracon Contractors Pty Ltd, Daracon Engineering Pty Ltd, Daracon Rail Pty Ltd, Daromin Engineering Pty Limited and Paramount Landscaping Pty Ltd (the Applicant). The Agreement is a multi-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission received an undertaking lodged with the application, relating to specialised, operator tool and Camp allowances, made by and duly signed by Emma Morson, Industrial Relations Manger and the 14 Employee Bargaining Representatives. The Fair Work Commission received a further undertaking dated 24 November 2014, relating to the Superannuation provision at clause 15 of the Agreement, also made by and duly signed by Emma Morson, Industrial Relations Manger, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union, Construction Division have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 September 2018.

COMMISSIONER

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