Orange Army Pty Ltd
[2019] FWCA 6879
•4 OCTOBER 2019
| [2019] FWCA 6879 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Orange Army Pty Ltd
(AG2019/2881)
Orange Army Pty Ltd (NSW) Enterprise Agreement 2019
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BULL | SYDNEY, 4 OCTOBER 2019 |
Application for approval of the Orange Army Pty Ltd (NSW) Enterprise Agreement 2019.
An application (Form F16) has been filed by Orange Army Pty Ltd (the applicant), for the approval of an enterprise agreement known as the Orange Army Pty Ltd (NSW) 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.
Following issues being raised with the applicant by the Commission, the applicant provided undertakings regarding the base rate of pay for CW 1 and TW 1 employees, and the entitlement to payment for a minimum of 4 hours per engagement for casual employees who fall within the classification of ‘Construction’ under Schedules 1 and 2 to the Agreement.
The undertakings are attached at the end of the Agreement. I am satisfied pursuant to s.190(3) of the Act 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. Pursuant to s.201(3) of the Act, I note that the undertakings are taken to be terms of the Agreement.
Subject to the undertakings and the considerations 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.
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 of the Agreement.
DEPUTY PRESIDENT
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