KAEFER Novacoat Pty Ltd

[2019] FWCA 2556

[2019] FWCA 2556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KAEFER Novacoat Pty Ltd
(AG2018/7170)

KAEFER NOVACOAT AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 APRIL 2019

Application for approval of the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2018.

[1] KAEFER Novacoat Pty Ltd has made an application for the approval of an enterprise agreement known as the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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] 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] 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.

[6] The Construction, Forestry, Maritime, Mining and Energy (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 13 April 2019 and, in accordance with s 54, will operate from 20 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

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Annexure A