Denrith Pty Limited T/A Goulburn Sand And Soil (Registered)

[2023] FWCA 1649

[2023] FWCA 1649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Denrith Pty Limited T/A Goulburn Sand And Soil (Registered)

(AG2023/1401)

DENRITH PTY LTD GOULBURN SAND AND SOIL ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 6 JUNE 2023

Application for approval of the Denrith Pty Ltd Goulburn Sand and Soil Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Denrith Pty Ltd Goulburn Sand and Soil Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Denrith Pty Ltd T/A Goulburn Sand and Soil (Registered) (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a slightly different Agreement name. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. 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.

1. Noting the undertakings provided, and on the basis of the materials before the Commission, 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.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 5 June 2027.

DEPUTY PRESIDENT

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