Macaya Pty Limited

[2019] FWCA 4496

[2019] FWCA 4496

FAIR WORK COMMISSION

DECISION

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

Macaya Pty Limited
(AG2019/1659)

MACAYA PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 27 JUNE 2019

Application for approval of the Macaya Pty Ltd Single Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Macaya Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Macaya Pty Ltd Single Enterprise 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] The Employer has provided written undertakings regarding:

•  Definition of a shiftworker;

•  Annual leave and personal leave;

•  Deductions;

•  Abandonment of employment;

•  Ordinary hours of work and apprentice rates of pay;

•  Accrued time off in lieu of payment for overtime; and

•  Non-engagement of trainees.

[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 changes to 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 4 July 2019. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

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