Surfacing Contractors Australia Pty Ltd as trustee for the Surfacing Contractors Family Trust

[2019] FWCA 6471

[2019] FWCA 6471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Surfacing Contractors Australia Pty Ltd as trustee for the Surfacing Contractors Family Trust
(AG2019/1062)

SURFACING CONTRATORS AUSTRALIA (SA) ENTERPRISE AGREEMENT 2018

Gardening services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2019

Application for approval of the Surfacing Contractors Australia (SA) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Surfacing Contractors Australia (SA) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Surfacing Contractors Australia Pty Ltd as trustee for the Surfacing Contractors Family Trust. 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. The undertakings are taken to be a term of the Agreement.

[3] A Form F17 statutory declaration was not lodged with application on 5 April 2019 as is required by the rule 24(2) of Fair Work Commission Rules 2013. The Form F17 was lodged in the Commission on 17 April 2019. Pursuant to s.586(b) in all the circumstances I will waive the irregularity.

[4] The agreement and application lodged with the Commission incorrectly named the employer. The employer is referred to as ‘Surfacing Contractors Family Trust T/A Surfacing Contractors Australia Pty Ltd’ however the correct name of the employing entity is ‘Surfacing Contractors Australia Pty Ltd as trustee for the Surfacing Contractors Family Trust’. The agreement also contained a typographical error at clause 1.3.13 which refers to 11.1.12 and should instead refer to 11.1.13. On 13 September 2019 the Applicant filed an amended version of the agreement and the application form 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement was approved on 18 September 2019 and, in accordance with s.54, will operate from 25 September 2019. The nominal expiry date of the Agreement is 17 September 2023.

DEPUTY PRESIDENT

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Annexure A