Valley Civilab Pty Ltd T/A Hunter Civilab

[2021] FWCA 1362

[2021] FWCA 1362

FAIR WORK COMMISSION

DECISION

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

Valley Civilab Pty Ltd T/A Hunter Civilab
(AG2021/281)

HUNTER CIVILAB ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 12 MARCH 2021

Application for approval of the Hunter Civilab Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Valley Civilab Pty Ltd T/A Hunter Civilab (the Applicant) for approval of Hunter Civilab Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicants on 26 February 2021, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed submissions and undertakings addressing the concerns raised on 5 March 2021. The employee bargaining representatives were provided with copies of the response and proposed undertakings.

[3] The matter was listed for eHearing on 12 March 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

[4] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] It is also noted that the consultation term at clause 40 does not appear to be consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Subject to the matters raised at paragraphs [2]-[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.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 2.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 12 March 2024.

COMMISSIONER

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Attachment A.