Breight Pty Ltd

[2020] FWCA 4976

[2020] FWCA 4976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breight Pty Ltd
(AG2020/2494)

BREIGHT MAINTENANCE AGREEMENT 2020

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the Breight Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Breight Maintenance Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breight Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 33.5 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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] The Agreement is approved and in accordance with s.54, will operate from 23 September 2020. The nominal expiry date of the Agreement is 15 September 2024.

COMMISSIONER

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