Wolf Energy Pty Ltd (ACN 607 372 234)

[2016] FWCA 1872

[2016] FWCA 1872

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wolf Energy Pty Ltd

(AG2016/148)

WOLF ENERGY VICTORIAN OPERATIONS AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE MELBOURNE, 29 MARCH 2016

Application for approval of the Wolf Energy Victorian Operations Agreement 2016.

[1]        An application has been made for approval of an enterprise agreement known as the

Wolf Energy Victorian Operations 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 Wolf

Energy Pty Ltd. The Agreement is a single enterprise agreement.

[2]        The Applicant 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, 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]        Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1872

[5]        The Agreement was approved on 29 March 2016 and, in accordance with s.54, will

operate from 5 April 2016. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

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[2016] FWCA 1872

Annexure A

[2016] FWCA 1872