Carfax Commercial Constructions Pty Ltd

[2020] FWCA 3348

[2020] FWCA 3348

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carfax Commercial Constructions Pty Ltd
(AG2020/1606)

CARFAX COMMERCIAL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2020

Application for approval of the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Carfax Commercial Constructions Pty Ltd Enterprise Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carfax Commercial Constructions Pty Ltd. 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 the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 5.4.4 – Payment of Wages;

•  Clause 9.6.4 – Notice of Absence;

•  Clause 12.4.4 – Abandonment of Employment;

•  Clause 12.5.1 – Summary Dismissal; and

•  Clause 13 – Redundancy.

However, noting clause 3.4.5(b) 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 of the Act, will operate from 3 July 2020. The nominal expiry date of the Agreement is 26 June 2023.

COMMISSIONER

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