Energy Asia Pty Ltd
[2019] FWCA 5754
•19 AUGUST 2019
| [2019] FWCA 5754 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Energy Asia Pty Ltd
(AG2019/1658)
ENERGY ASIA (GENERAL) ENTERPRISE AGREEMENT 2019
Building, metal and civil construction industries | |
DEPUTY PRESIDENT MANSINI | MELBOURNE, 19 AUGUST 2019 |
Energy Asia (General) Enterprise Agreement 2019 Application for approval of the Energy Asia (General) Enterprise Agreement 2019.
[1] Energy Asia Pty Ltd has applied for approval of a single enterprise agreement known as the Energy Asia (General) Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).
[2] After the application was made, concerns were raised in relation to whether: the pre-approval steps were met; the Agreement passes the “better off overall” test and excludes the National Employment Standards in the Act (NES).
[3] An amended statutory declaration was filed to correct some typographical errors. In the circumstances, I consider that the amended application should be allowed and that is appropriate to do so in accordance with s.586 of the Act.
[4] Written undertakings were given to address concerns, in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The bargaining representatives did not oppose the Undertakings.
[5] I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.
[6] On the basis of the material contained in the amended application and related materials, and having regard to the Undertakings, 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.
[7] The Agreement was approved on 19 August 2019 and, in accordance with s.54, will operate from 26 August 2019. The nominal expiry date of the Agreement is 19 August 2023.
DEPUTY PRESIDENT
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Annexure A
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