Endacom Pty Ltd

Case

[2022] FWCA 3972

11 NOVEMBER 2022


[2022] FWCA 3972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Endacom Pty Ltd

(AG2022/4537)

Endacom Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries

DEPUTY PRESIDENT DEAN

CANBERRA, 11 NOVEMBER 2022

Application for approval of the Endacom Pty Ltd Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Endacom Pty Ltd 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 Endacom Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  2. I note that the provisions of clause 8.4(b) of the Agreement relating to notice of termination is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2022. The nominal expiry date of the Agreement is 30 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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