PC Walls Pty Ltd

[2019] FWCA 6431

[2019] FWCA 6431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PC Walls Pty Ltd
(AG2019/2715)

PC WALLS PTY LTD AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 17 SEPTEMBER 2019

Application for approval of the PC Walls Pty Ltd Agreement 2019.

[1] PC Walls Pty Ltd has applied for approval of a single enterprise agreement known as the PC Walls Pty Ltd Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Commission identified some irregularities in the original application materials and raised concerns about whether the pre-approval steps were met, the Agreement passes the “better off overall” test and contains the mandatory terms. Further information was provided by the Applicant in relation to these concerns.

[3] Application was made to amend the original application by filing a completed statutory declaration. In the circumstances, I consider that this correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms 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] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 17 September 2019 and, in accordance with s.54, will operate from 24 September 2019. The nominal expiry date of the Agreement is 17 September 2023.

[8] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.