WorkPac Construction Pty Ltd
[2016] FWCA 1383
•3 March 2016
[2016] FWCA 1383
DECISION
| Fair Work Act 2009 | |
| s.185—Enterprise agreement | |
| WorkPac Construction Pty Ltd | |
| (AG2016/2128) | |
| ENGINEERING SERVICES AGREEMENT 2016 | |
| Building, metal and civil construction industries | |
| COMMISSIONER ROE | MELBOURNE, 3 MARCH 2016 |
Application for approval of the Engineering Services Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the
Engineering Services 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 WorkPac Construction 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.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.
[2016] FWCA 1383
[5] The Agreement was approved on 3 March 2016 and, in accordance with s.54, will
operate from 10 March 2016. The nominal expiry date of the Agreement is 3 March 2020.
COMMISSIONER
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[2016] FWCA 1383
Annexure A
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