Kelko Construction Pty Ltd
[2023] FWCA 1929
•28 JUNE 2023
| [2023] FWCA 1929 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Kelko Construction Pty Ltd
(AG2023/1758)
KELKO CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 28 JUNE 2023 |
Application for approval of the Kelko Construction Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Kelko Construction Pty Ltd Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kelko Construction Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings (Annexure A). Pursuant to s. 190(4) the views of the employee bargaining representatives were sought. The bargaining representative provided correspondence advising that they did not oppose the Undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
I note that clause 4 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards (NES) and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE520531 PR763696>
Annexure A
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