Benmax Pty Limited T/A Benmax
[2022] FWCA 1500
•5 MAY 2022
| [2022] FWCA 1500 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Benmax Pty Limited T/A Benmax
(AG2022/759)
Benmax Pty Ltd Enterprise Agreement 2022-2025
| Plumbing industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 5 MAY 2022 |
Application for approval of the Benmax Pty Ltd Enterprise Agreement 2022-2025.
Benmax Pty Limited T/A Benmax (the Employer) has made an application for approval of an enterprise agreement known as the Benmax Pty Ltd Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I observe that clause 16.1.6 (notice by employees) is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Form F17 Declaration lodged did not provide the notification time for the Agreement. On 4 April 2022, the Employer filed an amended version of the Form F17 Declaration correcting the error identified. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.
The Agreement was approved on 5 May 2022 and, in accordance with s.54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 28 February 2025.
COMMISSIONER
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Annexure A
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