Decmil Australia Pty Ltd

[2019] FWCA 4567

[2019] FWCA 4567

FAIR WORK COMMISSION

DECISION

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

Decmil Australia Pty Ltd
(AG2018/5678)

DA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 1 JULY 2019

Application for approval of the DA Enterprise Agreement 2018.

[1] Decmil Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the DA Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the further information and material provided by the Employer, 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.

[6] The Agreement was approved on 1 July 2019 and, in accordance with s 54, will operate from 8 July 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504231  PR709895>

Annexure A