Employment Advocacy Solutions Pty Ltd
[2014] FWCA 2221
•30 JUNE 2014
[2014] FWCA 2221 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Employment Advocacy Solutions Pty Ltd
(AG2014/641)
PEACHEY CONSTRUCTIONS SINGLE ENTERPRISE AGREEMENT FEBRUARY 2014
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT RICHARDS | BRISBANE, 30 JUNE 2014 |
Application for approval of the Peachey Constructions Single Enterprise Agreement February 2014.
[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 March 2014 by Employment Advocacy Solutions Pty Ltd for the approval of a single-enterprise agreement known as the Peachey Constructions Single Enterprise Agreement February 2014(“the Agreement”).
[2] The application was subject to a hearing on 29 May 2014 and further post-hearing exchanges regarding the better off overall test.
[3] On 30 June 2014, the Employer provided undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.
[4] While a number of undertakings have been provided by the Employer, I do not consider the purpose and intent of the Agreement to have changed substantially. This is because the undertakings are to the benefit of the employees covered by the Agreement and do not otherwise change the coverage of the Agreement or significantly alter the hours of work (to the disadvantage of the employees covered by the Agreement).
[5] In light of the Employer’s undertakings, 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.
[6] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act.
SENIOR DEPUTY PRESIDENT
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