Dart Holdings Pty Ltd T/A A Dart & Co.
[2019] FWCA 6881
•4 OCTOBER 2019
| [2019] FWCA 6881 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Dart Holdings Pty Ltd T/A A Dart & Co.
(AG2019/3009)
Dart Enterprise Agreement 2019
| Building, metal and civil construction industries | |
| Commissioner Harper-Greenwell | MELBOURNE, 4 OCTOBER 2019 |
Application for approval of the Dart Enterprise Agreement 2019.
An application has been made for approval of an enterprise agreement known as the Dart Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dart Holdings Pty Ltd T/A A Dart & Co. The Agreement is a single enterprise agreement.
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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
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. 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.
The Agreement lodged contained an error at clause 18.7(iv) in that it does not outline the number of hours to be credited to an employee where they commence employment on any working day within the fourth week of the four-weekly period. On 10 September 2019, the Applicant filed a submission that the clause should include a reference to ‘8 hours’. I am satisfied that the clause should be corrected as such and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement was approved on 4 October 2019 and, in accordance with s.54, will operate from 11 October 2019. The nominal expiry date of the Agreement is 4 October 2023.
COMMISSIONER
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Annexure A
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