Hewcon Pty Ltd T/A Hewcon Development Group

[2018] FWCA 2168

[2018] FWCA 2168

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hewcon Pty Ltd T/A Hewcon Development Group

(AG2017/5437)

Hewcon Group Enterprise Agreement 2017 - 2020

Building, metal and civil construction industries
Commissioner Harper-Greenwell	MELBOURNE, 16 APRIL 2018

Application for approval of the Hewcon Group Enterprise Agreement 2017 - 2020.

1. An application has been made for approval of an enterprise agreement known as the Hewcon Group Enterprise Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hewcon Pty Ltd T/A Hewcon Development Group. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. The Agreement lodged contained an error at clause 11.2. On 9 April 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The Agreement was approved on 16 April 2018 and, in accordance with s.54, will operate from 23 April 2018. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

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Annexure A