Evolve Prefabrication Pty Ltd T/A Evolve Prefabrication

[2024] FWCA 1486

[2024] FWCA 1486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Evolve Prefabrication Pty Ltd T/A Evolve Prefabrication

(AG2024/971)

EVOLVE PREFABRICATION PTY LTD AND AWU ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 22 APRIL 2024

Application for approval of the Evolve Prefabrication Pty Ltd And AWU Enterprise Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the Evolve Prefabrication Pty Ltd And AWU Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Evolve Prefabrication Pty Ltd T/A Evolve Prefabrication. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 clause 38 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.8 of the Agreement incorporates the NES, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

2. The Agreement is approved and in accordance with s.54, will operate from 29 April 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

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