B & R Piling Pty Ltd

[2019] FWCA 7840

[2019] FWCA 7840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & R Piling Pty Ltd
(AG2019/3990)

B & R PILING PTY LTD AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the B & R Piling PTY LTD Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the B & R Piling PTY LTD Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B & R Piling 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. 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 observe that the following provision likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20 - Abandonment of Employment

However, noting the undertaking provided, 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 22 November 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

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Annexure A