AWCON Pty Ltd

[2020] FWCA 2722

[2020] FWCA 2722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AWCON Pty Ltd
(AG2020/904)

AWCON PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 25 MAY 2020

Application for approval of the AWCON Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the AWCON Pty Ltd Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by AWCON Pty Ltd (Employer). 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, 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. The undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 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:

•  Clause 14.5 of the Agreement, which confines the entitlement to personal/carer’s leave to members of the employee’s immediate household;

•  Clause 14.9 of the Agreement, which excludes casuals from the entitlement to community services leave; and

•  Clauses 18.1, 18.2, 22.2 and 22.3(b) of the Agreement, which provide that an employee may be charged a cost, or must reimburse the Employer, or allows the Employer to make a deduction from an employee’s wages.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 June 2020. The nominal expiry date of the Agreement is 25 May 2024.

DEPUTY PRESIDENT

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Annexure A