KJ Industrial Scaffolding Pty Ltd

[2019] FWCA 6509

[2019] FWCA 6509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

KJ Industrial Scaffolding Pty Ltd
(AG2019/2216)

K.J. INDUSTRIAL SCAFFOLDING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the K.J. Industrial Scaffolding Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KJ Industrial Scaffolding Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] Finally it is noted that, for the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

COMMISSIONER

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd[2018] FWCFB 7501

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