Master Builders Association of the Northern Territory T/A Master Builders NT

[2016] FWCA 3967

[2016] FWCA 3967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of the Northern Territory T/A Master Builders NT
(AG2016/1050)

ENTERPRISE AGREEMENT BETWEEN ALL CAST (NT) DRAINAGE SYSTEMS PTY LTD AND EMPLOYEES 2016-2019

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 20 JUNE 2016

Application for approval of the Enterprise Agreement between All Cast (NT) Drainage Systems Pty Ltd and Employees 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement between All Cast (NT) Drainage Systems Pty Ltd and Employees 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of the Northern Territory T/A Master Builders NT. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2016. The nominal expiry date of the Agreement is 19 June 2020.

COMMISSIONER

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ANNEXURE A