JHM Drainage Pty Ltd

[2019] FWCA 4027

[2019] FWCA 4027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JHM Drainage Pty Ltd
(AG2019/705)

JHM DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2019-2023

Water, sewage and drainage services
DEPUTY PRESIDENT BOOTH	SYDNEY, 14 JUNE 2019

Application for approval of the JHM Drainage Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the JHM Drainage Pty Ltd Enterprise Agreement 2019-2023 (Agreement). That application was made by Mr Simon Riethof, Director of JHM Drainage Pty Ltd, pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single-enterprise agreement.

[2] Mr Riethof on behalf of JHM Drainage Pty Ltd has provided written undertakings. Those undertakings are 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 undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 June 2019 and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 14 June 2023, being four (4) years after its approval by the Fair Work Commission as provided in undertaking 1 in Annexure A.

DEPUTY PRESIDENT

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