McMahon Services Australia Pty Ltd

[2015] FWCA 2796

[2015] FWCA 2796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McMahon Services Australia Pty Ltd
(AG2015/2372)

MCMAHON SERVICES AUSTRALIA PTY LTD ADELAIDE CIVIL PROJECTS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 APRIL 2015

Application for approval of the McMahon Services Australia Pty Ltd Adelaide Civil Projects Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd Adelaide Civil Projects Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McMahon Services Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, 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) of the Act I note that the Agreement covers this organisation.

[4] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[5] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term 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 5 May 2015. The nominal expiry date of the Agreement is 4 May 2018.

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