Paveset Australia Pty Ltd

[2020] FWCA 712

[2020] FWCA 712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paveset Australia Pty Ltd
(AG2019/4331)

THE PAVESET FIELD OPERATORS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 FEBRUARY 2020

Application for approval of The Paveset Field Operators Enterprise Agreement 2019.

[1] Paveset Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the The Paveset Field Operators Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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] 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] 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.

[6] The Agreement was approved on 11 February 2020 and, in accordance with s 54, will operate from 19 February 2020. The nominal expiry date of the Agreement is 11 February 2024.

DEPUTY PRESIDENT

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Annexure A