Envirolink Group Pty Ltd T/A Envirolink Earthworks Pty Ltd

[2023] FWCA 617

[2023] FWCA 617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Envirolink Group Pty Ltd T/A Envirolink Earthworks Pty Ltd

(AG2023/377)

Envirolink Group Pty Ltd & The Australian Workers' Union Agreement 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 24 FEBRUARY 2023

Application for approval of the Envirolink Group Pty Ltd & The Australian Workers' Union Agreement 2023

1. Envirolink Group Pty Ltd has applied for approval of an enterprise agreement known as the Envirolink Group Pty Ltd & The Australian Workers’ Union Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The year in the agreement title in the Notice of Representational Rights (NERR) distributed to employees is different to clause 1 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. 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.

1. The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 22 – Abandonment of Employment; and

·           Clause 47.1 – Standard Ordinary Hours.

However, noting clause 7.3 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 3 March 2023. The nominal expiry date of the Agreement is 2 March 2026.

DEPUTY PRESIDENT

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<AE519313  PR751175>