McMahon Services Australia Pty Ltd T/A McMahon Services Australia

[2018] FWCA 1168

[2018] FWCA 1168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McMahon Services Australia Pty Ltd T/A McMahon Services Australia
(AG2018/83)

MCMAHON SERVICES AUSTRALIA PTY LTD INFRASTRUCTURE, DEMOLITION, REHABILITATION & SERVICES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the McMahon Services Australia Pty Ltd Infrastructure, Demolition, Rehabilitation & Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the McMahon Services Australia Pty Ltd Infrastructure, Demolition, Rehabilitation & Services Enterprise Agreement 2017 (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 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] 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.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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 22 February 2022.

COMMISSIONER

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Annexure A