AJ Sommerville Pty Ltd as trustee for AJ & LT Sommerville Family Trust T/A South East Services

[2019] FWCA 5960

[2019] FWCA 5960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AJ Sommerville Pty Ltd as trustee for AJ & LT Sommerville Family Trust T/A South East Services
(AG2019/2745)

AJ SOMMERVILLE PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 27 AUGUST 2019

Application for approval of the AJ Sommerville Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by AJ Sommerville Pty Ltd as trustee for AJ & LT Sommerville Family Trust T/A South East Services for the approval of the AJ Sommerville Pty Ltd Enterprise Agreement 2019 – 2023 (the Agreement). The Agreement is a single enterprise agreement.

[2] It is noted that clause 6.1.2 of the Agreement in relation to abandonment of employment does not appear consistent with the requirements of the Act and the National Employment Standards (NES). I rely here on the NES precedence clause at clause 5(d) of the Agreement.

[3] I am satisfied that each of the requirements under ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days from the date of approval. The nominal expiry date of the Agreement is 26 August 2023.

COMMISSIONER

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