Concut Pty Limited

[2019] FWCA 4266

[2019] FWCA 4266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concut Pty Limited
(AG2019/1499)

CONCUT PTY LIMITED ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2019

Application for approval of the Concut Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Concut Pty Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Concut Pty Limited. 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.

[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] I note that Clauses 12.2.1 and 7.2.1 are inconsistent with the National Employment Standards as they may contain additional content that is not provided for in the NES. Given the National Employment Standards precedence clause at clause 5(d) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 19 June 2022.

DEPUTY PRESIDENT

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Annexure A