Civil Contractors (AUST) No. 1 Pty Ltd
[2022] FWCA 3390
•30 SEPTEMBER 2022
| [2022] FWCA 3390 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Civil Contractors (AUST) No. 1 Pty Ltd
(AG2022/3978)
Civil Contractors (Aust) No.1 Pty Ltd Employee Collective Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 30 SEPTEMBER 2022 |
Application for approval of the Civil Contractors (Aust) No.1 Pty Ltd Employee Collective Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Civil Contractors (Aust) No.1 Pty Ltd Employee Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Civil Contractors (AUST) No. 1 Pty Ltd. 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.
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.
I note that the provision at clause 5.7 (Public Holidays) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2022. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
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