OK Steelex Services Pty Ltd

[2019] FWCA 8171

[2019] FWCA 8171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OK Steelex Services Pty Ltd
(AG2019/4045)

OK STEELEX SERVICES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 3 DECEMBER 2019

Application for approval of the OK Steelex Services Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the OK Steelex Services Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OK Steelex Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement lodged contained an error at clause 6.2.4 of the Agreement whereby the rate for the vehicle allowance contained a typographical error. On 29 November 2019, the Applicant made an application under s.586 of the Act to amend the rate for the vehicle allowance and filed an amended version of the Agreement correcting this error. The Application was also accompanied by a signed statement by the nominated employee bargaining representative advising they had been consulted and agreed to the amendment to clause 6.2.4. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[4] The Agreement is approved and in accordance with s.54, will operate from 10 December 2019. The nominal expiry date of the Agreement is 2 December 2023.

COMMISSIONER

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