Billing Cranes Pty Ltd T/A Billing Cranes Pty Ltd

[2024] FWCA 3100

[2024] FWCA 3100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Billing Cranes Pty Ltd T/A Billing Cranes Pty Ltd

(AG2024/3022)

BILLING CRANES PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 AUGUST 2024

Application for approval of the Billing Cranes Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Billing Cranes Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Billing Cranes Pty Ltd T/A Billing Cranes Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. 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.

1. I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

·           Clause 26.2(c) – Arrangements for Taking Annual Leave

However, noting clause 5.3 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2024. The nominal expiry date of the Agreement is 2 September 2028.

COMMISSIONER

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