McConnell Dowell Constructors (Aust) Pty Ltd
[2025] FWCA 124
•16 JANUARY 2025
| [2025] FWCA 124 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
McConnell Dowell Constructors (Aust) Pty Ltd
(AG2024/5149)
MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD VICTORIAN RAIL ENTERPRISE AGREEMENT 2024 - 2028
| Building, metal and civil construction industries | |
| COMMISSIONER REDFORD | MELBOURNE, 16 JANUARY 2025 |
Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2024 - 2028
An application has been made for approval of an enterprise agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd Victorian Rail Enterprise Agreement 2024 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McConnell Dowell Constructors (Aust) Pty Ltd. The Agreement is a single enterprise agreement.
Undertakings
In response to several issues raised with McConnell Dowell Constructors (Aust) Pty Ltd in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.
The undertakings relate to:
- Definition of continuous shift worker
Consideration
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.
The Australian Rail, Tram and Bus Industry Union - Victorian Branch Union (RTBU) 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 RTBU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
COMMISSIONER
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ANNEXURE A
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