Australian Precast Solutions Pty Limited

[2021] FWCA 3227

[2021] FWCA 3227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Precast Solutions Pty Limited
(AG2021/5140)

AUSTRALIAN PRECAST SOLUTIONS PTY LIMITED NSW ENTERPRISE AGREEMENT 2021

Cement and concrete products
DEPUTY PRESIDENT CROSS	SYDNEY, 4 JUNE 2021

Application for approval of the Australian Precast Solutions Pty Limited NSW Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Precast Solutions Pty Limited NSW Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Precast Solutions Pty Limited. 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 clauses 38.2, 38.6 and 13.6 of the Agreement may be inconsistent with the National Employment Standards (NES), however noting the NES precedence term at clause 2.4 of the Agreement, I am satisfied that the NES will prevail to the extent of any inconsistency.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from this approval. The nominal expiry date of the Agreement is 4 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A