Menard Oceania Pty Ltd

[2017] FWCA 1433

[2017] FWCA 1433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menard Oceania Pty Ltd
(AG2017/400)

MENARD OCEANIA PTY LTD GEOTECHNICAL & GROUND IMPROVEMENT ENTERPRISE AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 MARCH 2017

Application for approval of the Menard Oceania Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Menard Oceania Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menard Oceania 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] 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 21 March 2017. The nominal expiry date of the Agreement is 13 March 2020.

COMMISSIONER

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Annexure A