Fredon Air NSW Ply Ltd

[2020] FWCA 6670

[2020] FWCA 6670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fredon Air NSW Ply Ltd
(AG2020/3511)

FREDON AIR NSW PTY LTD ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 DECEMBER 2020

Application for approval of the Fredon Air NSW Ply Ltd On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement to be known as the Fredon Air NSW Ply Ltd On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fredon Air NSW Ply Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 7 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2010), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 20202. The nominal expiry date of the Agreement is 20 December 2023.

DEPUTY PRESIDENT

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<AE509781  PR725344>

Annexure A