Drake Australia Pty Ltd T/A Paradigm Managed Services

[2019] FWCA 7687

[2019] FWCA 7687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drake Australia Pty Ltd T/A Paradigm Managed Services
(AG2019/4118)

DRAKE AUSTRALIA PTY LTD - QUEENSLAND ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2019

Application for approval of the Drake Australia Pty Ltd - Queensland Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Drake Australia Pty Ltd - Queensland Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drake Australia Pty Ltd T/A Paradigm Managed Services. 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] 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.

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

•  Clause 13.2 – Conversion to hourly entitlement

However, noting clause 3.2 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 is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 14 November 2022.

COMMISSIONER

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