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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Menard Oceania Pty Ltd applied for approval of the Menard Oceania Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2016-2019 under section 230 of the Fair Work Act 2009. The applicant submitted the agreement for approval on 24 April 2019. The applicant was represented by a lawyer from the Fair Work Commission's Melbourne office. The application was heard on 27 June 2019 in Melbourne.

The Fair Work Commission (FWC) was required to determine whether the application was valid and whether the agreement should be approved. To be valid, the agreement must have been made in good faith and in accordance with the relevant provisions of the Fair Work Act 2009. The FWC considered whether the agreement met the requirements of section 230 of the Fair Work Act 2009 and whether it was an enterprise agreement within the meaning of section 172 of the Fair Work Act 2009.

The FWC found that the agreement was made in good faith and in accordance with the relevant provisions of the Fair Work Act 2009. The FWC also found that the agreement was an enterprise agreement within the meaning of section 172 of the Fair Work Act 2009. The FWC considered that the agreement contained all the required terms and conditions of employment and was fair and reasonable in all its terms. The FWC approved the agreement.

The FWC approved the Menard Oceania Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2016-2019. The FWC directed that the agreement be registered on the Register of Approved Enterprise Agreements.

Menard Oceania Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established