Ventia Boral Amey NSW Pty Ltd

[2019] FWCA 1916

[2019] FWCA 1916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ventia Boral Amey NSW Pty Ltd
(AG2018/6893)

VENTIA BORAL AMEY NSW PTY LTD ENTERPRISE AGREEMENT 2018

Asphalt industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2019

Application for approval of the Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018.

[1] Ventia Boral Amey NSW Pty Ltd has made an application for approval of an enterprise agreement known as the Ventia Boral Amey NSW Pty Ltd Enterprise Agreement 2018 (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.

[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] 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.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s 54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A