Ford Civil Contracting Pty Ltd
[2023] FWCA 373
•8 FEBRUARY 2023
| [2023] FWCA 373 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Ford Civil Contracting Pty Ltd
(AG2023/7)
FORD CIVIL CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2022 - 2026
| Building, metal and civil construction industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 8 FEBRUARY 2023 |
Application for approval of the Ford Civil Contracting Pty Ltd Enterprise Agreement 2022 - 2026
An application has been made for approval of an enterprise agreement known as the Ford Civil Contracting Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ford Civil Contracting Pty Ltd. The Agreement is a single enterprise agreement.
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.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the provided undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 8 February 2023 and, in accordance with s.54, will operate from 15 February 2023. The nominal expiry date of the Agreement is 8 February 2027.
COMMISSIONER
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Annexure A
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