Elite Roads Pty Ltd

[2018] FWCA 7711

[2018] FWCA 7711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Elite Roads Pty Ltd
(AG2018/4773)

ELITE ROADS PTY LTD, (ASPHALT) ENTERPRISE AGREEMENT 2018 TO 2021

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Elite Roads Pty Ltd, (Asphalt) Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of an enterprise agreement known as the Elite Roads Pty Ltd, (Asphalt) Enterprise Agreement 2018 to 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Elite Roads Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 40 – Annual leave

•  Clause 40 – Termination

•  Clause 43 – Carers leave

However, noting clause 5 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE501141 PR703323>