Arc Infrastructure Employment Pty Ltd

[2019] FWCA 735

[2019] FWCA 735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arc Infrastructure Employment Pty Ltd
(AG2018/6825)

ARC INFRASTRUCTURE PLANT ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER LEE	MELBOURNE, 7 FEBRUARY 2019

Application for approval of the Arc Infrastructure Plant Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Arc Infrastructure Plant Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arc Infrastructure Employment Pty Ltd. 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.

[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 observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 6.3(b) – Casual entitlement to annual leave

However, noting clause 2 of the undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A