Eureka Personnel Pty Ltd

[2020] FWCA 1101

[2020] FWCA 1101

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eureka Personnel Pty Ltd
(AG2020/336)

EUREKA PERSONNEL ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the Eureka Personnel Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Eureka Personnel Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eureka Personnel 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.

[3] I note that Clauses 9.3, 20.2, 27.5 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2020. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

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