McElligott Partners Pty Ltd

[2018] FWCA 900

[2018] FWCA 900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McElligott Partners Pty Ltd
(AG2017/5646)

VIVA GEELONG REFINERY INDUSTRIAL SERVICES AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Viva Geelong Refinery Industrial Services Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Viva Geelong Refinery Industrial Services Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McElligott Partners Pty Ltd. 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.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 8 February 2021.

COMMISSIONER

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Annexure A