Kenny Constructions (Aust) Pty Ltd

[2014] FWCA 4407

[2014] FWCA 4407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kenny Constructions (Aust) Pty Ltd
(AG2014/1425)

KENNY CONSTRUCTION (AUST) PTY LTD QUEENSLAND AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JULY 2014

Application for approval of the Kenny Construction (Aust) Pty Ltd Queensland and Northern Territory Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 June 2014 by Kenny Constructions (Aust) Pty Ltd for the approval of a single-enterprise agreement known as the Kenny Construction (Aust) Pty Ltd Queensland and Northern Territory Enterprise Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[4] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

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

SENIOR DEPUTY PRESIDENT

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