Connect People VIC Pty Ltd

[2021] FWCA 4712

[2021] FWCA 4712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Connect People VIC Pty Ltd
(AG2021/6344)

CONNECT PEOPLE VIC PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 AUGUST 2021

Application for approval of the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Connect People Vic Pty Ltd & The Australian Workers’ Union Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Connect People VIC Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Workers’ Union 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.

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

•  Clause 20.4 – Notice of Termination.

•  Clause 60.5 – Personal Leave.

However, noting clause 7 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2021. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

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