Chelgrave Contracting Australia Pty Ltd

[2019] FWCA 4525

[2019] FWCA 4525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chelgrave Contracting Australia Pty Ltd
(AG2019/2028)

THE CHELGRAVE CONTRACTING AUSTRALIA PTY LTD BLUESCOPE STEEL WESTERNPORT SITE MAINTENANCE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2019

Application for approval of the Chelgrave Contracting Australia Pty Ltd BlueScope Steel Westernport Site Maintenance Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chelgrave Contracting Australia Pty Ltd BlueScope Steel Westernport Site Maintenance Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chelgrave Contracting Australia 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] 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.

[4] 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.

[5] I note that Clause 10.5.1 is inconsistent with the National Employment Standards (NES) as the clause provides an employee with a lesser redundancy entitlement than the NES. Given the National Employment Standards precedence clause at clause 5.7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

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