Jamtek Structural Pty Ltd T/A Jamtek Structural

[2016] FWCA 4304

[2016] FWCA 4305

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jamtek Structural Pty Ltd T/A Jamtek Structural

(AG2016/3518)

JAMTEK STRUCTURAL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 30 JUNE 2016

Application for approval of the Jamtek Structural Pty Ltd Enterprise Agreement 2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Jamtek Structural Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jamtek

Structural Pty Ltd t/a Jamtek Structural. 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]        Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 4305

[5]        The Agreement was approved on 30 June 2016 and, in accordance with s.54, will

operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE419652 PR582230>

[2016] FWCA 4305

ANNEXURE A: