JK Williams Contracting Pty Ltd
[2022] FWCA 3832
•1 NOVEMBER 2022
| [2022] FWCA 3832 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
JK Williams Contracting Pty Ltd
(AG2022/4407)
JK Williams Contracting Pty Ltd Enterprise Agreement - 2022-2026
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 1 NOVEMBER 2022 |
Application for approval of the JK Williams Contracting Pty Ltd Enterprise Agreement - 2022-2026.
An application has been made for approval of an enterprise agreement known as the JK Williams Contracting Pty Ltd Enterprise Agreement - 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JK Williams Contracting Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
The Notice of Employee Representational Rights issued to the employees referred to the title of the Agreement as the “JK Williams Contracting Enterprise Agreement – 2021 - < >”, rather than the title of the Agreement filed with the Commission. I am satisfied however that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s.188(2).
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 is approved and, in accordance with s.54 of the Act, will operate from 8 November 2022. The nominal expiry date of the Agreement is 31 October 2026.
DEPUTY PRESIDENT
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Annexure A
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