Jugiter Pty Ltd T/A Torque Recruitment Group

[2020] FWCA 465

[2020] FWCA 465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jugiter Pty Ltd T/A Torque Recruitment Group
(AG2019/4490)

JUGITER PTY LTD QLD AND NSW BUILDING & CONSTRUCTION ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2020

Application for approval of the Jugiter Pty Ltd QLD and NSW Building & Construction Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Jugiter Pty Ltd QLD and NSW Building & Construction Enterprise Agreement 2019-2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jugiter Pty Ltd T/A Torque Recruitment Group (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] Clause 5.1 of the Agreement states the Agreement will operate from the day that is the start of the first pay period on or after approval. This is inconsistent with s.54 of the Act which states that an enterprise agreement approved by the Commission operates from 7 days after the agreement is approved, or if a later day is specified in the agreement, that later day. Accordingly, the Agreement will operate from 7 days from the date of this decision.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506907  PR716259>

Appendix 1