Coates Hire Operations Pty Ltd T/A Coates Hire

[2021] FWCA 3454

[2021] FWCA 3454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coates Hire Operations Pty Ltd T/A Coates Hire
(AG2021/5467)

COATES HIRE OPERATIONS PTY LIMITED ETU VIC ELECTRICAL ENTERPRISE AGREEMENT 2021 – 2024

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 16 JUNE 2021

Application for approval of the Coates Hire Operations Pty Limited ETU VIC Electrical Enterprise Agreement 2021 - 2024.

[1] Coates Hire Operations Pty Ltd has applied for approval of an enterprise agreement known as the Coates Hire Operations Pty Limited ETU VIC Electrical Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Applicant provided submissions dated 15 June 2021 that satisfactorily addressed queries I had raised in relation to the application.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 16.9 – Employment Engagement and Termination;
● Clause 16.13 – Summary dismissal; and
● Clause 19.7 – Exemption from redundancy clause.

However, noting clause 2.1 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2021. The nominal expiry date of the Agreement is 10 May 2024.

COMMISSIONER

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