DenMac Holdings Pty Ltd T/A DenMac Industries

[2019] FWCA 3754

[2019] FWCA 3754

FAIR WORK COMMISSION

DECISION

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

DenMac Holdings Pty Ltd T/A DenMac Industries
(AG2019/570)

DENMAC INDUSTRIES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 31 MAY 2019

Application for approval of the DenMac Industries Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by DenMac Holdings Pty Ltd (Denmac) for approval of the DenMac Industries Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] A conference was conducted on 28 May 2019 to seek clarification about aspects of the Agreement. The Applicant was invited to address these matters, including the provision of undertakings where the agreement may not meet the requirements set out in s186 of the Act..

[3] Consistent with a position reached at the conference of 28 May 2019, the Applicant has submitted undertakings under s.190 of the Act and in the prescribed form, which is dated 28 May 2019 and provides as follows:

“Denmac Holdings Pty Ltd provides the following undertakings in support of its application for approval of the Denmac Industries Enterprise Agreement 2019.

1. No employee shall be engaged on a ‘daily hire’ basis as that term is defined in the Building and Construction General On-Site Award 2010.

2. Employees shall not be required to work ‘broken’ shifts as defined in the Building and Construction General On-Site Award 2010.”

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings extracted above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE503684  PR708867>