The Trustee for Rankin Earthworks Civil & Construction Trust t/a Earthworks Civil & Construction

[2019] FWCA 7937

[2019] FWCA 7937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Rankin Earthworks Civil & Construction Trust t/a Earthworks Civil & Construction
(AG2019/3960)

EARTHWORKS CIVIL & CONSTRUCTION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2019

Application for approval of the Earthworks Civil & Construction Enterprise Agreement 2019.

[1] The Trustee for Rankin Earthworks Civil & Construction Trust t/a Earthworks Civil & Construction has made an application for approval of an enterprise agreement known as the Earthworks Civil & Construction Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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] 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.

[4] The Agreement was approved on 22 November 2019 and, in accordance with s 54, will operate from 29 November 2019. The nominal expiry date of the Agreement is 1 February 2023.

DEPUTY PRESIDENT

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Annexure A