Decotec Pty Ltd
[2024] FWCA 2474
•8 JULY 2024
| [2024] FWCA 2474 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Decotec Pty Ltd
(AG2024/2249)
DECOTEC PTY LTD ENTERPRISE AGREEMENT (2024-2027)
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 8 JULY 2024 |
Application for approval of the Decotec Pty Ltd Enterprise Agreement (2024-2027).
An application has been made for approval of an enterprise agreement known as the Decotec Pty Ltd Enterprise Agreement (2024-2027) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decotec Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 April 2024 and the Agreement was made on 10 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
I note that several clauses may be inconsistent with the National Employment Standards (NES). The Applicant has provided a NES precedence clause as part of their written undertakings. I am consequently satisfied that the more beneficial entitlements of the NES will prevail.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2024. The nominal expiry date of the Agreement is 1 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525298 PR776683>
Annexure A
0
0
0