Tanner, Harvey And Pavy Pty Ltd T/A Specialist Doors & Windows

Case •

[2024] FWCA 3596

•

15 OCTOBER 2024
[2024] FWCA 3596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tanner, Harvey And Pavy Pty Ltd T/A Specialist Doors & Windows

(AG2024/3353)

TANNER, HARVEY AND PAVY PTY LTD ENTERPRISE AGREEMENT 2023

Building services

COMMISSIONER P RYAN

SYDNEY, 15 OCTOBER 2024

Application for approval of the Tanner, Harvey and Pavy Pty Ltd Enterprise Agreement 2023

  1. Tanner, Harvey and Pavy Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Tanner, Harvey and Pavy Pty Ltd Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer 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.

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]

Delegates’ rights term

  1. The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Pursuant to s.205A(2) of the FW Act, clause 36A of the Building and Construction General On-Site Award 2020 is taken to be a term of the Agreement.  

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 22 October 2024. The nominal expiry date of the Agreement is 15 October 2028.


COMMISSIONER

Annexure A


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

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