Kane Constructions Pty Ltd

[2020] FWCA 3261

[2020] FWCA 3261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kane Constructions Pty Ltd
(AG2020/546)

KANE CONSTRUCTIONS PTY LTD (NSW AND ACT EMPLOYEES) ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JUNE 2020

Application for approval of the Kane Constructions Pty Ltd (NSW and ACT Employees) Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Kane Constructions Pty Ltd (NSW and ACT Employees) Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kane Constructions Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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.

[4] The Applicant did not appear to take all reasonable steps to provide a copy or access to incorporated material during the access period of the Agreement, such as the MBA Calendar. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 June 2020. The nominal expiry date of the Agreement is 21 June 2024.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 245

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