Hardy Bros Mining & Constructions Pty Ltd

[2015] FWCA 6755

[2015] FWCA 6755

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hardy Bros Mining & Constructions Pty Ltd
(AG2015/5060)

HARDY BROS MINING & CONSTRUCTIONS PTY LTD [ABN 55 108 050 308] (“THE COMPANY”) ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Hardy Bros Mining & Constructions Pty Ltd [ABN 55 108 050 308] (“the Company”) Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Hardy Bros Mining & Constructions Pty Ltd [ABN 55 108 050 308] (“the Company”) Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hardy Bros Mining & Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE415956  PR572459>

ANNEXURE A