Greenley (NSW) Pty Ltd

[2019] FWCA 5099

[2019] FWCA 5099

FAIR WORK COMMISSION

DECISION

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

Greenley (NSW) Pty Ltd
(AG2019/2010)

GREENLEY (NSW) PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 22 JULY 2019

Application for approval of the Greenley (NSW) Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Greenley (NSW) Pty Ltd (Greenley) for approval of the Greenley (NSW) Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to Greenley on 4 July 2019, raising concerns in relation to pay rates provided for Junior Apprentices under the Agreement. In response to such, Greenley provided signed undertakings addressing these concerns. The signed undertakings were supported by a signed statement of the relevant bargaining representatives, providing their consent to the undertakings as drafted.

[3] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[4] It is also noted that clause 9.6.4 of the Agreement is more restrictive in relation to personal leave than provided for under the Act and the National Employment Standards (NES). I rely here on the NES precedence clause at clause 3.4.5 of the Agreement.

[5] Subject to the undertakings provided, and the matter raised at paragraph [4], 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 3.1.1 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 21 July 2023.

COMMISSIONER

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Attachment A