Alpine Civil Pty Ltd T/A Alpine Garden Supplies

[2019] FWCA 6613

[2019] FWCA 6613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine Civil Pty Ltd T/A Alpine Garden Supplies
(AG2019/3352)

ALPINE CIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 SEPTEMBER 2019

Application for approval of the Alpine Civil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Alpine Civil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpine Civil Pty Ltd T/A Alpine Garden Supplies. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] I note that Clause 18.3(a) is inconsistent with the National Employment Standards as it provides that as much as practicable employees are required to notify the Company prior to their scheduled starting time any day that they are unable to attend for work. Given the National Employment Standards precedence clause at clause 18.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement lodged contained an error at Clause 9. On 19 September 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A