Davies Cranes Pty Ltd T/A Davies Cranes

[2020] FWCA 4082

[2020] FWCA 4082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davies Cranes Pty Ltd T/A Davies Cranes
(AG2020/1845)

DAVIES CRANES PTY LTD EMPLOYEE COLLECTIVE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 AUGUST 2020

Application for approval of the Davies Cranes Pty Ltd Employee Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Davies Cranes Pty Ltd Employee Collective Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davies Cranes Pty Ltd T/A Davies Cranes. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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] Pursuant to 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2020. The nominal expiry date of the Agreement is 25 June 2024.

COMMISSIONER

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Annexure A