Bitu-mill Services Pty Ltd T/A Bitu-mill

[2019] FWCA 4407

[2019] FWCA 4407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bitu-mill Services Pty Ltd T/A Bitu-mill
(AG2019/2084)

BITU-MILL SERVICES PTY LTD (PROFILING DIVISION) A.W.U. VICTORIA ASPHALT AGREEMENT 2019-2021

Asphalt industry
COMMISSIONER JOHNS	MELBOURNE, 27 JUNE 2019

Application for approval of the BITU-MILL SERVICES PTY LTD (PROFILING DIVISION) A.W.U. Victoria Asphalt Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the BITU-MILL SERVICES PTY LTD (PROFILING DIVISION) A.W.U. Victoria Asphalt Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bitu-mill Services Pty Ltd T/A Bitu-mill. The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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