Keppel Prince Engineering Pty Ltd

[2019] FWCA 3295

[2019] FWCA 3295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Keppel Prince Engineering Pty Ltd
(AG2019/376)

KEPPEL PRINCE ENGINEERING ENTERPRISE AGREEMENT 2019 FOR SUPPLEMENTARY LABOUR

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2019

Application for approval of the Keppel Prince Engineering Enterprise Agreement 2019 for Supplementary Labour

[1] Keppel Prince Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the Keppel Prince Engineering Enterprise Agreement 2019 for Supplementary Labour (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, 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 organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 13 May 2019 and, in accordance with s 54, will operate from 20 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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