Structural Challenge Pty Ltd

[2024] FWCA 3062

[2024] FWCA 3062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Structural Challenge Pty Ltd

(AG2024/2873)

AMWU AND STRUCTURAL CHALLENGE PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 21 AUGUST 2024

AMWU and Structural Challenge Pty Ltd Collective Bargaining Workshop Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the AMWU and Structural Challenge Pty Ltd Collective Bargaining Workshop Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The application was not lodged within 14 days after the Agreement was made. Pursuant to section 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 21 August 2024. It will operate from 28 August 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

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