Classic Contractors Pty Ltd
[2024] FWCA 3833
•1 NOVEMBER 2024
| [2024] FWCA 3833 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Classic Contractors Pty Ltd
(AG2024/3898)
CLASSIC CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 1 NOVEMBER 2024 |
Application for approval of the Classic Contractors Pty Ltd Enterprise Agreement 2024
Classic Contractors Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Classic Contractors Pty Ltd Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Regulation 2.06A Requirements
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.
Sections 186, 187, 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]
National Employment Standards
I observe that clause 32 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.4 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.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 8 November 2024. The nominal expiry date of the Agreement is 1 November 2028.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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