TPD Civil Pty Ltd T/A Australian Civil Contractors

[2015] FWCA 8187

[2015] FWCA 8187 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TPD Civil Pty Ltd T/A Australian Civil Contractors
(AG2015/6575)

TPD CIVIL PTY LTD

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the TPD CIVIL PTY LTD.

[1] An application has been made for approval of an enterprise agreement known as the TPD CIVIL PTY LTD (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TPD Civil Pty Ltd T/A Australian Civil Contractors. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement was approved on 27 November 2015 and, in accordance with s.54, will operate from 4 December 2015. The nominal expiry date of the Agreement is 28 September 2015.

COMMISSIONER

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<Price code G, AE416844  PR574438>

ANNEXURE A