Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust T/A Dawn Express Partitioning & Construction

[2019] FWCA 3002

[2019] FWCA 3002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust T/A Dawn Express Partitioning & Construction
(AG2018/7224)

DEPC ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 MAY 2019

Application for approval of the DEPC Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DEPC Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust T/A Dawn Express Partitioning & Construction. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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 9 May 2019. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503217  PR707896>

Annexure A