McMahon Services Australia Pty Ltd T/A McMahon Services Australia
[2019] FWCA 7718
•11 NOVEMBER 2019
| [2019] FWCA 7718 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
McMahon Services Australia Pty Ltd T/A McMahon Services Australia
(AG2018/5865)
MCMAHON SERVICES AUSTRALIA PTY LTD ROOFING AND CLADDING DIVISION ENTERPRISE AGREEMENT 2018
Building, metal and civil construction industries | |
COMMISSIONER YILMAZ | MELBOURNE, 11 NOVEMBER 2019 |
Application for approval of the McMahon Services Australia Pty Ltd Roofing and Cladding Division Enterprise Agreement 2018.
[1] Further to my Decision 1 issued on 16 October 2019, this Decision relates to the application for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd Roofing and Cladding Division Enterprise Agreement 2018 (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 T/A McMahon Services Australia. The Agreement is a single enterprise agreement.
[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4] The Agreement is approved and in accordance with s.54, will operate from 18 November 2019. The nominal expiry date of the Agreement is 18 October 2022.
COMMISSIONER
Annexure A
1 [2019] FWC 6270.
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