R McFadyen Pipeline Constructions Pty Ltd

Case

[2023] FWCA 907

27 MARCH 2023


[2023] FWCA 907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

R McFadyen Pipeline Constructions Pty Ltd

(AG2023/587)

R MCFADYEN PIPELINE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER P RYAN

SYDNEY, 27 MARCH 2023

Application for approval of the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2023

  1. R McFadyen Pipeline Constructions Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

  1. The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

  1. The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 April 2023. The nominal expiry date of the Agreement is 28 February 2027.

COMMISSIONER

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