Baden Civil Contracting Pty Ltd T/A Baden Civil Contracting

[2021] FWCA 4456

[2021] FWCA 4456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baden Civil Contracting Pty Ltd T/A Baden Civil Contracting
(AG2021/5931)

BADEN CIVIL CONTRACTING PTY LTD CIVIL CONSTRUCTION ENTERPRISEAGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 JULY 2021

Application for approval of the Baden Civil Contracting Pty Ltd Civil Construction Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Baden Civil Contracting Pty Ltd Civil Construction 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 Baden Civil Contracting Pty Ltd T/A Baden Civil Contracting (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 5(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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