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austlii:cth/FWCA/2016/7812
appellant. The Agreement was approved on 27 October 2016 and will operate from 3 November 2016 with a nominal expiry date of 27 October 2020.
1 cited instrument linked from this judgment.
The Fair Work Commission approved an enterprise agreement for AE Atherton & Sons Pty Ltd. The company applied for approval of its Service Division Enterprise Agreement 2016. The Commissioner accepted written undertakings from the company and was satisfied that all legal requirements for approval were met. Although the agreement doesn't cover all employees, the Commissioner found that the group of employees covered was fairly chosen. The agreement was approved to operate from 3 November 2016 until 27 October 2020.
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s.185 - Enterprise agreement
A E ATHERTON & SONS PTY LTD SERVICE DIVISION ENTERPRISE AGREEMENT 2016
Application for approval of the A E Atherton & Sons Pty Ltd Service Division Enterprise Agreement 2016 (Agreement).
[1] An application has been made for approval of an enterprise agreement known as the_
A E Atherton & Sons Pty Ltd Service Division 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 AE Atherton & Sons Pty Ltd T/A Atherton. 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] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 27 October 2020.
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The Agreement was approved on 27 October 2016 and will operate from 3 November 2016 with a nominal expiry date of 27 October 2020.