Karmitch T/A Terry Rhodes Earthmoving

[2019] FWCA 7068

[2019] FWCA 7068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Karmitch T/A Terry Rhodes Earthmoving
(AG2019/3345)

TERRY RHODES EARTHMOVING ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 14 OCTOBER 2019

Application for approval of the Terry Rhodes Earthmoving Enterprise Agreement 2019-2023.

[1] Karmitch T/A Terry Rhodes Earthmoving (the Employer) has made an application for approval of an enterprise agreement known as the Terry Rhodes Earthmoving Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 Agreement was approved on 14 October 2019 and, in accordance with s 54, will operate from 21 October 2019. The nominal expiry date of the Agreement is 14 October 2023.

DEPUTY PRESIDENT

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Annexure A