Bokitja Pty Ltd T/A Kali Group Australia

[2020] FWCA 6410

[2020] FWCA 6410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bokitja Pty Ltd T/A Kali Group Australia
(AG2020/2897)

BOKITJA PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 NOVEMBER 2020

Application for approval of the Bokitja Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Bokitja Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bokitja Pty Ltd T/A Kali Group Australia. 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. The undertakings are taken to be a term of 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Termination of employment – clause 2.1.3(iii) and 5.2.2

•  Personal/Carer’s Leave – clause 5.5.3

•  Abandonment of employment – clause 5.12

However, noting clause 1.5 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2020. The nominal expiry date of the Agreement is 26 November 2024.

COMMISSIONER

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Annexure A