Upside Air Group Pty Ltd

[2021] FWCA 6051

[2021] FWCA 6051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Upside Air Group Pty Ltd
(AG2021/7322)

UPSIDE AIR GROUP PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 29 SEPTEMBER 2021

Application for approval of the Upside Air Group Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Upside Air Group Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023 (Agreement). The application was made by Upside Air Group Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached at Annexure A (Undertaking).

[3] I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement.  

[4] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertaking pursuant to s.190(4) of the Act.

[5] Pursuant to s.190(3) of the Act, I accept the Undertaking. In accordance with s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[6] On the basis of the materials before the Commission, and the Undertaking, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[7] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6October 2021. The nominal expiry date of the Agreement is 30 November 2023.

COMMISSIONER

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Annexure A