Concrete Construction (WA) Pty Ltd T/A Concrete Construction (WA) Pty Ltd

[2023] FWCA 2000

[2023] FWCA 2000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Concrete Construction (WA) Pty Ltd T/A Concrete Construction (WA) Pty Ltd

(AG2023/1781)

CONCRETE CONSTRUCTION ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 4 JULY 2023

Application for approval of the Concrete Construction Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Concrete Construction Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Concrete Construction (WA) Pty Ltd T/A Concrete Construction (WA) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 15 June 2023.

1. There are three National Employment Standards (NES) issues that require comment:

·   Public Holiday being required to work it – Clause 37.3 of the Agreement indicates that an employee may be required to work a public holiday, however, does not specify that an employee may refuse to work a public holiday.

·   Withholding of NES Entitlements – Clause 12.7 of the Agreement provides that if the employee does not provide the required notice of termination, the employer may withhold monies due to the employee on termination.

·   Notice of Termination (Abandonment of Employment) – Clause 12.10 of the Agreement covers employees who have abandoned their employment, however, does not specify whether employees are entitled to payment of notice of termination in accordance with s117–123 of the Act.

1. Clause 3.3 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit or protection, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, the above clauses will not apply to the extent that they are inconsistent with the NES.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 10 July 2027.

COMMISSIONER

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