DRD Projects Pty Ltd T/A DRD Projects
[2023] FWCA 1793
•21 JUNE 2023
| [2023] FWCA 1793 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DRD Projects Pty Ltd T/A DRD Projects
(AG2023/1496)
DRD PROJECTS ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 21 JUNE 2023 |
Application for approval of the DRD Projects Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the DRD Projects 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 DRD Projects Pty Ltd T/A DRD Projects. The Agreement is a single enterprise agreement.
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 observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 6.19 – Casual Conversion; and
· Clause 19.16 – Workers’ Compensation Exclusion.
However, noting clause 5.3(a) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 June 2023. The nominal expiry date of the Agreement is 21 June 2027.
DEPUTY PRESIDENT
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Annexure A
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