Allstate Linemarking Services Pty Ltd

[2020] FWCA 2218

[2020] FWCA 2218

FAIR WORK COMMISSION

DECISION

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

Allstate Linemarking Services Pty Ltd
(AG2020/662)

ALLSTATE LINEMARKING SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 30 APRIL 2020

Application for approval of the Allstate Linemarking Services Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Allstate Linemarking Services Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allstate Linemarking Services Pty Ltd (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

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

● Clause 6.3.3 – Personal/carer’s leave;
● Clause 6.10.2 – Public Holidays;

● Clause 11.1.3 – Termination – serious misconduct;

● Clause 11.2 – Abandonment.

[5] However, noting the NES precedence undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.