Elite Systems Australia Pty Ltd

[2014] FWCA 1831

[2014] FWCA 1831

FAIR WORK COMMISSION

DECISION

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

Elite Systems Australia Pty Ltd
(AG2014/3856)

ELITE SYSTEMS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MARCH 2014

Application for approval of the Elite Systems Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Elite Systems Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elite Systems Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided undertakings in the following terms:

“.... with respect to consultation:

In the event that any of the following occurs:

1. An employee undertakes training outside of ordinary hours, or

2. The Company intends to deduct monies from the employee pursuant to clause 26.3, or

3. The Company makes an employee covered by the Building and Construction Industry General Onsite Award 2010 redundant (within the meaning of the industry specific redundancy scheme)

The company will ensure that the employee has earned at least as much under the applicable aware (taking into account the value of the applicable matter(s) above) as they did working under the agreement.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 28 March 2014. The nominal expiry date of the Agreement is 27 March 2018.

SENIOR DEPUTY PRESIDENT

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