Brand Energy and Infrastructure Services Australia Pty Ltd T/A Brand Industrial Services
[2023] FWCA 2739
•28 AUGUST 2023
| [2023] FWCA 2739 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Brand Energy and Infrastructure Services Australia Pty Ltd T/A Brand Industrial Services
(AG2023/2591)
BRAND ENERGY AND INFRASTRUCTURE SERVICES AUSTRALIA PTY. LTD. HUNTER VALLEY BRANCH ALL SITES AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 28 AUGUST 2023 |
Application for approval of the Brand Energy and Infrastructure Services Australia Pty. Ltd. Hunter Valley Branch All Sites Agreement 2023.
Brand Energy and Infrastructure Services Australia Pty Ltd T/A Brand Industrial Services (the Employer) has made an application for the approval of the Brand Energy and Infrastructure Services Australia Pty. Ltd. Hunter Valley Branch All Sites Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU and CFMMEU.
The AMWU notes that Clause 13.1 – Ordinary Hours of Work – Day Work and Clause 13.3.5 – Public Holidays are potentially inconsistent with the National Employment Standards (NES). Noting the NES Precedence clause at 4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2023. The nominal expiry date of the Agreement is 4 September 2026.
DEPUTY PRESIDENT
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