Harris Park Building Pty Ltd

[2013] FWCA 761

[2013] FWCA 761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Harris Park Building Pty Ltd
(AG2012/13128)

HARRIS PARK BUILDING PTY LTD ENTERPRISE AGREEMENT 2012 - 2016

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 4 FEBRUARY 2013

Application for approval of the Harris Park Building Pty Ltd Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Harris Park Building Pty Ltd Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] I have sought the views of the bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertaking provided.

[5] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 11 February 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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