Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt

[2016] FWCA 7961

[2016] FWCA 7961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt
(AG2016/5933)

OMEGA ASPHALT EA 2016

Asphalt industry
COMMISSIONER GREGORY	MELBOURNE, 4 NOVEMBER 2016

Application for approval of the Omega Asphalt EA 2016.

[1] An application has been made for approval of an enterprise agreement known as the Omega Asphalt EA 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Omega Asphalt Pty Ltd ATF The Omega Asphalt Unit Trust T/A Omega Asphalt. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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Annexure A