Adamini Construction Pty Ltd
[2024] FWCA 4603
•19 DECEMBER 2024
| [2024] FWCA 4603 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Adamini Construction Pty Ltd
(AG2024/4691)
J ADAMINI FORMWORK ENTERPRISE 2024
| Building, metal and civil construction industries | |
| COMMISSIONER LIM | PERTH, 19 DECEMBER 2024 |
Application for approval of the J Adamini Formwork Enterprise 2024.
Adamini Construction Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the J Adamini Formwork Enterprise 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
(a)Clause 6.18 appears to provide for casual conversion by offer of the employer and does not appear to consider the new employee choice conversion provisions which will be available to eligible employees from February 2025.
However, I am satisfied that under clause 5.3(a) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.
The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
The Agreement was approved on 19 December 2024 and, in accordance with s 54, will operate from 26 December 2024. The nominal expiry date of the Agreement is 19 December 2028.
COMMISSIONER
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