Concept Cabinets Pty Ltd

[2022] FWCA 4004

[2022] FWCA 4004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Concept Cabinets Pty Ltd

(AG2022/4529)

Concept Cabinets Pty Ltd Enterprise Agreement 2022 - 2026

Building services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 NOVEMBER 2022

Application for approval of the Concept Cabinets Pty Ltd Enterprise Agreement 2022 - 2026

1. Concept Cabinets Pty Ltd has applied for approval of an enterprise agreement known as the Concept Cabinets Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. 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.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·  Clause 23 – Public Holidays;

·  Clause 25 – Bereavement Compassionate Leave; and

·  Clause 26 – Personal Leave

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2022. The nominal expiry date of the Agreement is 23 November 2026.

DEPUTY PRESIDENT

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Annexure A