Empire Contracting Pty Ltd T/A Empire Contracting

[2017] FWCA 2154

[2017] FWCA 2154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Empire Contracting Pty Ltd T/A Empire Contracting
(AG2017/658)

EMPIRE CONTRACTING PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2017-2021

Australian Capital Territory
COMMISSIONER CIRKOVIC	MELBOURNE, 19 APRIL 2017

Application for approval of the Empire Contracting Pty Ltd and Employees Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Empire Contracting Pty Ltd and Employees Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Empire Contracting Pty Ltd T/A Empire Contracting. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 changes to the Agreement.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 19 April 2017 and, in accordance with s.54, will operate from 26 April 2017. The nominal expiry date of the Agreement is 19 April 2021.

COMMISSIONER

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Annexure A