Comdain Corporate Pty Ltd T/A Comdain Corporate Pty Ltd

[2020] FWCA 7083

[2020] FWCA 7083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comdain Corporate Pty Ltd T/A Comdain Corporate Pty Ltd
(AG2020/3730)

INFRASTRUCTURE SERVICES (SOUTHERN REGION) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Infrastructure Services (Southern Region) Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Infrastructure Services (Southern Region) Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comdain Corporate Pty Ltd T/A Comdain Corporate Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 23 December 2024.

COMMISSIONER

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Annexure A

Article I. Annexure A

Infrastructure Services (Southern Region) Enterprise Agreement 2020-2024 Undertakings

Pursuant to section 190 of the Fair Work Act 2009 (cth) Comdain Corporate Pty Ltd (“the employer”) gives the following undertaking with respect to the Infrastructure Services (Southern Region) Enterprise Agreement 2020-2024 (“the Agreement”):

1. The Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

2. At clause 4.4.2, the table of entitlements below will apply in place of the current table.

Period of continuous service with an employer	Redundancy/severance pay
1 year or more but less than 2 years	2.4 weeks plus for all service in excess of 1 year,1.75 hours pay per completed week of service up to a maximum of 4.8 weeks
2 years or more but less than 3 years	4.8 weeks plus, for all service in excess of 2 years,1.6 hours pay per completed week of service up to a maximum of 7 weeks
3 years or more but less than 4 years	7 weeks plus, for all service in excess of 3 years,0.73 hours pay per completed week of service up to a maximum of 8 weeks
4 years or more but less than 5 years	8 weeks
5 years or more but less than 6 years	10 weeks
6 years or more but less than 7 years	11 weeks
7 years or more but less than 8 years	13 weeks
8 years or more but less than 9 years	14 weeks
9 years or more but less than 10 years	16 weeks
10 years or more	12 weeks