BMI International Pty Ltd

[2019] FWCA 5543

[2019] FWCA 5543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMI International Pty Ltd
(AG2019/2365)

BMI INTERNATIONAL PTY LTD ENTERPRISE AGREEMENT - 2019/2023

Electrical contracting industry
COMMISSIONER LEE	SYDNEY, 9 AUGUST 2019

Application for approval of the BMI International Pty Ltd Enterprise Agreement - 2019/2023.

[1] An application has been made for approval of an enterprise agreement known as the BMI International Pty Ltd Enterprise Agreement - 2019/2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BMI International 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.

[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] 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 25 – Annual Leave

•  Clause 26 – Personal/ Carer’s Leave

However, noting clause 6.2 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A