Tecoma Pty Ltd

[2015] FWCA 2230

[2015] FWCA 2230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Tecoma Pty Ltd
(AG2015/2162)

TECOMA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 APRIL 2015

Application for approval of the Tecoma Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Tecoma Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tecoma Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] An undertaking has been provided in the following terms:

“1) The nominal expiry date of the Agreement is intended to be four years from the date of approval.

2) Any alternative arrangement entered into with the employees pursuant to clause 18.1 (b) of the Agreement will be equivalent to, or greater than, the amounts allowed for pursuant to clause 24.3 of the Building and Construction General On-Site Award 2010.”

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Annexure A.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2015. The nominal expiry date of the Agreement is 9 April 2019.

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