McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell

[2017] FWCA 4541

[2017] FWCA 4541

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell
(AG2017/3498)

MCCONNELL DOWELL CONSTRUCTORS (AUST) PTY LTD NATIONAL RAIL ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 31 AUGUST 2017

Application for approval of the McConnell Dowell Constructors (Aust) Pty Ltd National Rail Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the McConnell Dowell Constructors (Aust) Pty Ltd National Rail Enterprise Agreement 2017-2020 (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 T/A McConnell Dowell. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is 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.

[3] 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.

[4] 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.

[5] The Australian Rail, Tram and Bus Industry Union (ARTBIU) 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 organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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