Reino International T/A Duncan Solutions

[2023] FWCA 959

[2023] FWCA 959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Reino International T/A Duncan Solutions

(AG2023/637)

REINO INTERNATIONAL PTY LTD (TRADING AS DUNCAN SOLUTIONS) ENTERPRISE AGREEMENT 2023

Miscellaneous
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2023

Application for approval of the Reino International Pty Ltd (trading as Duncan Solutions) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Reino International Pty Ltd (trading as Duncan Solutions) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reino International T/A Duncan Solutions. The Agreement is a single enterprise agreement.

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

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement lodged contained an error on the signature page where the the employee signatory provided their name, address of authority in accordance with s.185(2) of the Act and reg. 2.06A of the Fair Work Regulations 2009. On 31 March 2023, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. 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.

1. The Agreement is approved and in accordance with s.54, will operate from 10 April 2023. The nominal expiry date of the Agreement is 3 April 2027.

COMMISSIONER

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Annexure A