Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd T/A Synergy Construct

[2019] FWCA 6199

[2019] FWCA 6199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd T/A Synergy Construct
(AG2019/2896)

GRAMWEAV HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 SEPTEMBER 2019

Application for approval of the Gramweav Holdings Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Gramweav Holdings Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gramweav Holdings Pty Ltd and Synergy Construct Australia Pty Ltd T/A Synergy Construct. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 8, 21, 22, 23, 24, 38 are inconsistent with the National Employment Standards (NES) as the clauses provide content not otherwise provided for in the NES. Given the National Employment Standards precedence clause at clause 1.4 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is 5 September 2023.

DEPUTY PRESIDENT

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Annexure A