Leyburn Nominees Pty Ltd T/A Joyce Krane

[2019] FWCA 5958

[2019] FWCA 5958

FAIR WORK COMMISSION

DECISION

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

Leyburn Nominees Pty Ltd T/A Joyce Krane
(AG2019/95)

JOYCE KRANE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 27 AUGUST 2019

Application for approval of the Joyce Krane Agreement 2019.

[1] An application has been filed by Leyburn Nominees Pty Ltd T/A Joyce Krane(the applicant) for the approval of an enterprise agreement known as the Joyce Krane Agreement 2019 (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.

[2] Following issues being raised with the applicant by the Commission, the applicant provided undertakings, in the form of replacement clauses, regarding the following:

•  Pay rates for employees engaged to work 5 or less consecutive Night Shifts; and

•  Minimum engagement and pay rates for casual employees.

[3] A copy of the undertakings is attached at the end of the Agreement. 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 change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.

[4] Subject to the undertakings 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.

[5] 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.

DEPUTY PRESIDENT

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