Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd (as a single employer)
[2024] FWCA 4413
•11 DECEMBER 2024
| [2024] FWCA 4413 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd (as a single employer)
(AG2024/4580)
GRAMWEAV HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER ALLISON | MELBOURNE, 11 DECEMBER 2024 |
Application for approval of the Gramweav Holdings Pty Ltd Enterprise Agreement 2024
Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd (the Employer) have made an application as a single employer, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Gramweav Holdings Pty Ltd Enterprise Agreement 2024 (the Agreement).
Clause 8 of the Agreement states that the employer may engage apprentices and states that an Apprentice engaged under the Agreement will be entitled to the same benefits as daily hire employees, excluding notice of termination and redundancy. However, the Agreement is silent on several entitlements provided for in clause 14 of the Building and Construction General On-Site Award 2020 (Award), including training attended to be treated as work time and apprentices not working overtime unsupervised or involuntarily. The Employer has providing an undertaking to resolve this issue.
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 is approved and, in accordance with s.54 of the Act, will operate from 18 December 2024. The nominal expiry date of the Agreement is 10 December 2028.
COMMISSIONER
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Annexure A
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