Anchor Point Engineering Pty Ltd
[2019] FWCA 6942
•8 OCTOBER 2019
| [2019] FWCA 6942 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Anchor Point Engineering Pty Ltd
(AG2019/3414)
Anchor Point Engineering Pty Ltd Collective Agreement 2019 - 2023
| Building, metal and civil construction industries | |
| Commissioner Yilmaz | MELBOURNE, 8 OCTOBER 2019 |
Application for approval of the Anchor Point Engineering Pty Ltd Collective Agreement 2019 - 2023.
An application has been made for approval of an enterprise agreement known as the Anchor Point Engineering Pty Ltd Collective Agreement 2019 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anchor Point Engineering Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 13 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.
The Agreement is approved and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 8 October 2023.
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