1
Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-
transferring employees
Mr Will Canavan
(AG2018/1186)
CANAVAN BUILDING PTY LTD ENTERPRISE AGREEMENT 2014
Building, metal and civil construction industries
COMMISSIONER RIORDAN SYDNEY, 9 MAY 2018
Application for an order relating to instruments covering new employer and non-transferring
employees.
[1] Coalcliff Constructions Pty Ltd has made an application pursuant to section 318 of the
Fair Work Act, 2009 (the Act) for an Order that the Canavan Building Pty Ltd Enterprise
Agreement 20141 (the Agreement), covers the Applicant and all employees who transferred
from Canavan Building Pty Ltd on 22 February 2018.
[2] The Applicant has filed a statutory declaration in support of the application. Each of
the six transferring employees have also filed statutory declarations in support of the
application. I have taken these statutory declarations into account.
[3] Following a Conference with the Applicant’s representative on 10 April 2018 and the
provision of the above mentioned statutory declarations, I am satisfied that it is appropriate to
grant the Order sought by the Applicant.
[4] On the basis that there are no non transferring employees employed by the Applicant,
there is no need to deal with the application for an Order pursuant to section 319 of the Act.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE412842 PR606790
1 [2015] FWCA 1424
[2018] FWC 2486
DECISION
E AUSTRALIA FairWork Commission
