Waternish Engineering Pty Ltd

[2017] FWCA 197

[2017] FWCA 197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waternish Engineering Pty Ltd
(AG2016/6806)

WATERNISH ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 JANUARY 2017

Application for approval of the Waternish Engineering Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Waternish Engineering Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Waternish Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] A hearing was conducted on 9 January 2017 where I issued an interim Decision 1 that I would approve the agreement subject to the provision of further undertakings to address outstanding BOOT issues.2 The Applicant has provided the required 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 10 January 2017 and, in accordance with s.54, will operate from 17 January 2017. The nominal expiry date of the Agreement is 10 January 2021.

COMMISSIONER

ANNEXURE A

 1   [2017] FWC 153

 2   Ibid at para. 28.

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