Adfinis Pty Ltd
[2022] FWCA 1592
•12 MAY 2022
| [2022] FWCA 1592 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Adfinis Pty Ltd
(AG2022/1098)
Adfinis Pty Ltd and Transport Employees Australia EBA 2022-2026
| Road transport industry | |
| COMMISSIONER LEE | MELBOURNE, 12 MAY 2022 |
Application for approval of the Adfinis Pty Ltd and Transport Employees Australia EBA 2022-2026
An application has been made for approval of an enterprise agreement known as the Adfinis Pty Ltd and Transport Employees Australia EBA 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adfinis Pty Ltd. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 15.1(b) – Mixed Functions.
· Clause 26 – Abandonment of Employment.
However, noting the undertakings provided by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 8 February 2026.
COMMISSIONER
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Annexure A
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