Fusco Homes Pty Ltd and Fusco Constructions Pty Ltd T/A Fusco Homes and Fusco Plumbing Service
[2022] FWCA 4580
•23 DECEMBER 2022
| [2022] FWCA 4580 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fusco Homes Pty Ltd and Fusco Constructions Pty Ltd T/A Fusco Homes and Fusco Plumbing Service
(AG2022/4547)
Fusco Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER SIMPSON | BRISBANE, 23 DECEMBER 2022 |
Application for approval of the Fusco Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Fusco Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fusco Homes Pty Ltd and Fusco Constructions Pty Ltd T/A Fusco Homes and Fusco Plumbing Service (the Applicant). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 10 October 2022 in accordance with s.185(3) of the Act. As it was not filed until 31 October 2022, it was filed after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.
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.
Noting clause 2(e) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE518729 PR749237>
0
0
0