DW Solutions Pty Ltd

[2019] FWCA 6190

[2019] FWCA 6190

FAIR WORK COMMISSION

DECISION

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

DW Solutions Pty Ltd
(AG2019/2565)

DW SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 10 SEPTEMBER 2019

Application for approval of the DW Solutions Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been filed by DW Solutions Pty Ltd(the applicant) for the approval of an enterprise agreement known as the DW Solutions Pty Ltd Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The applicant has provided replacement pages to the Agreement reflecting the correct spelling of the title of the Agreement. Following issues being raised with the applicant by the Commission, the applicant provided a number of undertakings, including replacement clauses, regarding the following:

•  Entitlement of employees undertaking Distant Work to the Weekend Home provisions and the Rest and Recreation provisions of the Building and Construction General On-Site Award 2010 (the Award);

•  No payment to be made in lieu of Annual Leave unless the payment is made in lieu of an employee’s entitlements at the time of terminating employment;

•  A full-time or part-time employee who terminates their employment, or whose employment is terminated by the employer, shall be entitled to a payment for any credit of annual leave not taken; and

•  Application of redundancy provisions.

[3] The undertakings are attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement. The views of the bargaining representative for the Agreement were sought in respect of the undertakings provided by the applicant pursuant to s.190(4) of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is three years from the date of approval.

DEPUTY PRESIDENT

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