Olympic Concreting and Construction (NT) Pty Ltd T/A Olympic Concreting and Construction (NT) Pty Ltd

[2019] FWCA 5602

[2019] FWCA 5602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Olympic Concreting and Construction (NT) Pty Ltd T/A Olympic Concreting and Construction (NT) Pty Ltd
(AG2018/5216)

OLYMPIC CONCRETING AND CONSTRUCTION PTY LTD TRADING AS OLYMPIC CONCRETING AND CONSTRUCTION (NT) - ENTERPRISE AGREEMENT 2018-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2019

Application for approval of the Olympic Concreting and Construction Pty Ltd Trading as Olympic Concreting and Construction (NT) - Enterprise Agreement 2018-2024.

[1] An application has been made for approval of an enterprise agreement known as the Olympic Concreting and Construction Pty Ltd Trading as Olympic Concreting and Construction (NT) - Enterprise Agreement 2018-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Olympic Concreting and Construction (NT) Pty Ltd T/A Olympic Concreting and Construction (NT) Pty Ltd. 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 referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The signed Agreement lodged in the Commission with the application contained a typographical error in clause 1.1. The Applicant filed an amended copy of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement was approved on 13 August 2019 and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 12 August 2023.

DEPUTY PRESIDENT

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Annexure A