Nils Hansen T/A Danica Carpentry Pty Ltd

[2019] FWCA 7506

[2019] FWCA 7506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nils Hansen T/A Danica Carpentry Pty Ltd
(AG2019/3550)

AG2019/3550 - APPLICATION BY NILS HANSEN T/A DANICA CARPENTRY PTY LTD

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 11 NOVEMBER 2019

Application for approval of the Danica Carpentry Ptd Ltd Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Nils Hansen T/A Danica Carpentry Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Danica Carpentry Ptd Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The employer provided pre-emptive undertakings to the Agreement which were not requested nor required by the Commission.

[4] The Agreement’s consultation term was not in accordance with sub-sections 205(1A)(b) and (c) of the Act. 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. A copy of the model consultation term is attached at the end of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

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