Surex Surveyors Pty Ltd T/A Surex Surveyors Pty Ltd

[2019] FWCA 5013

[2019] FWCA 5013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surex Surveyors Pty Ltd T/A Surex Surveyors Pty Ltd
(AG2019/1545)

SUREX SURVEYORS PTY LTD ENTERPRISE AGREEMENT 2019

Technical services
COMMISSIONER GREGORY	MELBOURNE, 18 JULY 2019

Application for approval of the Surex Surveyors Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Surex Surveyors Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surex Surveyors Pty Ltd T/A Surex Surveyors Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. It is understood that the effect of the second undertaking provided, which states “Delete: Clause 19”, is that Clause 19 of the Agreement will have no effect, rather than it being removed from the Agreement. Based on explanations provided to the Commission by the Applicant’s representative, there is no shift work under the Agreement which means that Clause 18 overtime and penalty rates will apply outside the hours of work set out at Clause 16 of 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.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

COMMISSIONER

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Annexure A