Wagner Corporation Pty Ltd

[2019] FWCA 2535

[2019] FWCA 2535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wagner Corporation Pty Ltd
(AG2018/6327)

WAGNER CORPORATION PTY LTD OPERATIONS EMPLOYEE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 APRIL 2019

Application for approval of the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2018

[1] Wagner Corporation Pty Ltd (Wagner) has applied for approval of an enterprise agreement known as the Wagner Corporation Pty Ltd Operations Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed Wagner it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 10 April 2019 undertakings were provided by Wagner. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the two bargaining representatives on the undertakings provided by Wagner. The bargaining representatives support the approval of the Agreement.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is four years from the date of approval given by the Commission, being 12 April 2023.

COMMISSIONER

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Annexure A