Hansen Yuncken Pty Ltd

[2022] FWCA 1253

[2022] FWCA 1253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hansen Yuncken Pty Ltd

(AG2022/713)

Hansen Yuncken Pty Ltd (Tasmania) Agreement 2021 – 2024

Building services
COMMISSIONER MATHESON	SYDNEY, 8 APRIL 2022

Application for approval of the Hansen Yuncken Pty Ltd (Tasmania) Agreement 2021 – 2024.

1. An application has been made for approval of an enterprise agreement known as the Hansen Yuncken Pty Ltd (Tasmania) Agreement 2021 – 2024 (Agreement). The application was made by Hansen Yuncken Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth) (Regulations). An amended signature page was subsequently filed by the Applicant. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and I do so pursuant to s.586(b) of the Act.

1. The Agreement was made on 16 February 2022 and the application was made 23 days later, on 11 March 2022. In all the circumstances, I consider it fair to extend the period for the making of the application until the day upon which the application was made. I grant the extension pursuant to s.185(3)(a) of the Act.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is taken to be a term of the Agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.  In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 30 June 2024.

1. For the purposes of publication, the signature page of the Agreement has been redacted in part for confidentiality and as the Agreement, when made, did not contain the redacted details.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515648  PR740169>

Annexure A