SMS Contracting Pty Ltd T/A SMS Contracting

[2018] FWCA 373

[2018] FWCA 373

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SMS Contracting Pty Ltd T/A SMS Contracting
(AG2017/4477)

SMS GROUP SERVICES ENTERPRISE AGREEMENT.

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JANUARY 2018

Application for approval of the SMS Group Services Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the SMS Group Services Enterprise Agreement (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 T/A SMS Contracting. 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, 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2018. The nominal expiry date of the Agreement is 17 January 2022.

DEPUTY PRESIDENT

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Annexure A