McElligott Partners Pty Ltd

[2019] FWCA 2960

[2019] FWCA 2960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McElligott Partners Pty Ltd
(AG2019/113)

MAINTENANCE INDUSTRIAL SERVICES AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 9 MAY 2019

Application for approval of the Maintenance Industrial Services Agreement.

[1] Application has been made for approval of a single enterprise agreement known as the Maintenance Industrial Services Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by McElligott Partners Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 8 May 2022.

COMMISSIONER

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<AE503186  PR707846>

Annexure A