South East Concreting Pty Ltd

[2024] FWCA 4604

[2024] FWCA 4604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

South East Concreting Pty Ltd

(AG2024/4756)

SOUTH EAST CONCRETING PTY LTD ENTERPRISE AGREEMENT 2025 – 2029

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 20 DECEMBER 2024

Application for approval of the South East Concreting Pty Ltd Enterprise Agreement 2025 – 2029.

1. South East Concreting Pty Ltd has applied for approval of a single enterprise agreement known as the South East Concreting Pty Ltd Enterprise Agreement 2025 – 2029 (the Agreement).

1. The Notice of Employee Representational Rights was not in the prescribed form. I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee and that despite the oversight, the Agreement has been genuinely agreed.

1. A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

1. With the undertaking now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. The Agreement is approved and will operate from 6 January 2025. The nominal expiry date of the Agreement is 6 January 2029.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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