Ertech Pty Ltd

[2021] FWCA 6795

[2021] FWCA 6795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ertech Pty Ltd
(AG2021/8040)

E.P.L FIELD OPERATIONS AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the E.P.L Field Operations Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the E.P.L Field Operations Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ertech Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 21 November 2025.

DEPUTY PRESIDENT

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Annexure A