SOS Excavations Pty Ltd

[2020] FWCA 5421

[2020] FWCA 5421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SOS Excavations Pty Ltd
(AG2020/2633)

SOS EXCAVATIONS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 9 OCTOBER 2020

Application for approval of the SOS Excavations Pty Ltd and Employees Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the SOS Excavations Pty Ltd and Employees Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SOS Excavations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained errors at clauses 18.4, 19.5, 23.3 and 34.4. On 9 October 2020, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 9 October 2024.

DEPUTY PRESIDENT

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Annexure A