Furmanite Australia Pty Ltd T/A TEAM Industrial Services Australia

[2024] FWCA 1143

[2024] FWCA 1143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Furmanite Australia Pty Ltd T/A TEAM Industrial Services Australia

(AG2024/584)

TEAM INDUSTRIAL SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2022 – 2025

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2024

Application for approval of the TEAM Industrial Services Australia Enterprise Agreement 2022 – 2025

1. An application has been made for approval of an enterprise agreement known as the TEAM Industrial Services Australia Enterprise Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Furmanite Australia Pty Ltd T/A TEAM Industrial Services Australia. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, 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.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.7.2 of the Agreement and the undertakings provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and in accordance with s.54, will operate from 10 April 2024. The nominal expiry date of the Agreement is 2 April 2027.

COMMISSIONER

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<AE524028  PR772902>

Annexure A