Enerflex Service Pty Ltd T/A Enerflex Service Pty Ltd
[2023] FWCA 2187
•14 JULY 2023
| [2023] FWCA 2187 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Enerflex Service Pty Ltd T/A Enerflex Service Pty Ltd
(AG2023/2267)
APPLICATION FOR APPROVAL OF THE ENERFLEX SERVICE PTY LTD ENTERPRISE AGREEMENT 2023
| Oil and gas industry | |
| COMMISSIONER JOHNS | MELBOURNE, 14 JULY 2023 |
Application for approval of the Enerflex Service Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the ENERFLEX SERVICE PTY LTD 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 Enerflex Service Pty Ltd T/A Enerflex Service Pty Ltd. The Agreement is a single enterprise agreement.
An assessment of the Agreement has identified a clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:
a)Clause 25: Compassionate leave.
Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.
Noting the NES precedence clause (clause 5), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2023. The nominal expiry date of the Agreement is 13 July 2026.
COMMISSIONER
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