Alliance Scaffolding Pty Ltd
[2022] FWCA 2950
•26 AUGUST 2022
| [2022] FWCA 2950 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Alliance Scaffolding Pty Ltd
(AG2022/3408)
Alliance Scaffolding Pty Ltd General Onsite Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 26 AUGUST 2022 |
Application for approval of the Alliance Scaffolding Pty Ltd General Onsite Agreement 2022
An application has been made for approval of an enterprise agreement known as the Alliance Scaffolding Pty Ltd General Onsite Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Alliance Scaffolding Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.6 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:
Clause 29(b) of the Agreement states that another day may be taken as a public holiday by arrangement between the parties, while s 115(3) of the Act appears to limit this to agreement with a singular employee.
Clause 11 deals with abandonment of employment but appears to remove an employee’s entitlement to notice of termination of employment as provided by the NES.[1]
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 September 2022. The nominal expiry date of the Agreement is 26 August 2025.
DEPUTY PRESIDENT
[1] Bienias v Iplex Pipelines Australia Pty Limited[2017] FWCFB 38 at [58]
Printed by authority of the Commonwealth Government Printer
<AE517195 PR745205>
0
0
0