Alex Fraser Asphalt Pty Ltd T/A Alex Fraser Asphalt

[2018] FWCA 7537

[2018] FWCA 7537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Alex Fraser Asphalt Pty Ltd T/A Alex Fraser Asphalt
(AG2018/5806)

ALEX FRASER ASPHALT AGREEMENT 2016-2020

Asphalt industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 DECEMBER 2018

Application for variation of the Alex Fraser Asphalt Agreement 2016-2020.

[1] An application has been made for approval of a variation to the Alex Fraser Asphalt Agreement 2016-2020 (the Agreement). The application was made by Alex Fraser Asphalt Pty Ltd T/A Alex Fraser Asphalt pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[5] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 12.8 - personal/carer’s leave;
● Clause 37.2 – annual leave
● Clause 46.1 – public holidays

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 12 December 2018.

DEPUTY PRESIDENT

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