Leinster Group Pty Ltd T/A Civil Form Group
[2019] FWCA 6885
•4 OCTOBER 2019
| [2019] FWCA 6885 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Leinster Group Pty Ltd T/A Civil Form Group
(AG2019/3020)
Civil Form Group Enterprise Agreement 2019 - 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BULL | SYDNEY, 4 OCTOBER 2019 |
Application for approval of the Civil Form Group Enterprise Agreement 2019 - 2023.
An application (Form F16) has been filed by Leinster Group Pty Ltd T/A Civil Form Group (the applicant), for the approval of an enterprise agreement known as the Civil Form Group Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.
Following issues being raised with the applicant by the Commission, the applicant provided an undertaking regarding clarification of maximum ordinary hours per day for the purposes of overtime. The applicant also provided an undertaking that replaces in its entirety Appendix 1 – Agreement classifications to the Agreement with an updated table of classifications to reflect that the Agreement Classifications are Level 1 to Level 5 only.
The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.
Subject to the undertakings and the considerations referred to above, 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. The employee bargaining representative’s views were sought regarding the undertakings proffered by the applicant; however no views were received by the Commission.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval of the Agreement.
DEPUTY PRESIDENT
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