Constructability WA Pty Ltd T/A Nino Construction

[2020] FWCA 6674

[2020] FWCA 6674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Constructability WA Pty Ltd T/A Nino Construction
(AG2020/3432)

CONSTRUCTABILITY WA PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Constructability WA Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Constructability WA Pty Ltd 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 Constructability WA Pty Ltd T/A Nino Construction. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 9.3 – Hours of Work;

•  Clause 17.4 – Annual Leave;

•  Clause 18.3 – Personal/Carer’s Leave;

•  Clause 26.5 – Termination of Employment; and

•  Clause 26.8 – Return of Property

However, noting clause 4.2 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 lodged contained reference errors on page 9. On 8 December 2020, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 10 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509784  PR725348>

Annexure A