Yelland Pty Ltd T/A ACP Hardstand Solutions

[2014] FWCA 276

[2014] FWCA 276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yelland Pty Ltd T/A ACP Hardstand Solutions
(AG2013/11501)

ACP HARDSTAND SOLUTIONS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 JANUARY 2014

Application for approval of the ACP Hardstand Solutions Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ACP Hardstand Solutions Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yelland 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.

[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.

[5] 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.

[6] The Agreement was approved on 10 January 2014 and, in accordance with s.54, will operate from 17 January 2014. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

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Annexure A