Decmil Australia Pty Ltd
[2023] FWCA 2426
•3 AUGUST 2023
| [2023] FWCA 2426 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Decmil Australia Pty Ltd
(AG2023/2316)
DECMIL AUSTRALIA ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| COMMISSIONER CRAWFORD | SYDNEY, 3 AUGUST 2023 |
Application for approval of the Decmil Australia Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Decmil Australia Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided and clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 August 2027.
COMMISSIONER
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