Finlay Group Contracting Pty Ltd
[2024] FWCA 34
•4 JANUARY 2024
| [2024] FWCA 34 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Finlay Group Contracting Pty Ltd
(AG2023/5185)
FINLAY GROUP CONTRACTING ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 4 JANUARY 2024 |
Application for approval of the Finlay Group Contracting Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Finlay Group Contracting Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Finlay Group Contracting Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 November 2023 and the Agreement was made on 7 December 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2024. The nominal expiry date of the Agreement is 4 January 2028.
DEPUTY PRESIDENT
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