R & R Earthmoving Pty Ltd

[2018] FWCA 3247

[2018] FWCA 3247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R & R Earthmoving Pty Ltd
(AG2018/140)

R & R EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2018

Application for approval of the R & R Earthmoving Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the R & R Earthmoving Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R & R Earthmoving Pty Ltd. 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, and on the basis of the material contained in the application and 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 5 June 2018 and, in accordance with s.54, will operate from 12 June 2018. The nominal expiry date of the Agreement is 30 December 2020.

DEPUTY PRESIDENT

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Annexure A