McMullen Nolan Group Pty Ltd
[2025] FWCA 89
•29 JANUARY 2025
| [2025] FWCA 89 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
McMullen Nolan Group Pty Ltd
(AG2024/4856)
MCMULLEN NOLAN GROUP PTY LTD ENTERPRISE AGREEMENT
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 29 JANUARY 2025 |
Application for approval of the McMullen Nolan Group Pty Ltd Enterprise Agreement
An application has been made for approval of an enterprise agreement known as the McMullen Nolan Group Pty Ltd Enterprise Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by McMullen Nolan Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.
s
The Employer has provided written undertakings. A copy of the undertakings is attached at 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
The Agreement does not contain a flexibility term compliant with the Act. 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.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 5 February 2025. The nominal expiry date of the Agreement is 29 January 2029.
DEPUTY PRESIDENT
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Annexure A
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