Aqua Metro Pty Ltd T/A Aqua Metro, Aqua Metro Engineering Services Pty Ltd

[2022] FWCA 492

[2022] FWCA 492

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aqua Metro Pty Ltd T/A Aqua Metro, Aqua Metro Engineering Services Pty Ltd

(AG2022/49)

Aqua Metro Works Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 14 FEBRUARY 2022

Application for approval of the Aqua Metro Works Enterprise Agreement 2021

1. Aqua Metro Pty Ltd has applied for approval of an enterprise agreement known as the Aqua Metro Works Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. 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.

1. I observe that clause 6.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.8 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2022. The nominal expiry date of the Agreement is 28 July 2025.

COMMISSIONER

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Annexure A