Nortek Developments Pty Ltd

[2020] FWCA 2527

[2020] FWCA 2527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nortek Developments Pty Ltd
(AG2020/825)

NORTEK DEVELOPMENTS NSW SOUTH WESTERN ENTERPRISE AGREEMENT 2019

Coal industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 MAY 2020

Application for approval of the Nortek Developments NSW South Western Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Nortek Developments NSW South Western Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nortek Developments Pty Ltd (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A