SMS Contracting Pty Ltd

[2022] FWCA 3675

[2022] FWCA 3675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SMS Contracting Pty Ltd

(AG2022/3818)

SMS Group Services Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 OCTOBER 2022

Application for approval of the SMS Group Services Enterprise Agreement 2022 – 2026

1. An application has been made for approval of an enterprise agreement known as the SMS Group Services Enterprise Agreement 2022 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SMS Contracting Pty Ltd. 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 as are relevant to this application for approval have been met.

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. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 20 October 2026.

COMMISSIONER

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Annexure A