Guideline (A.C.T) Pty Limited T/A Guideline ACT Pty Ltd

[2021] FWCA 7298

[2021] FWCA 7298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Guideline (A.C.T) Pty Limited T/A Guideline ACT Pty Ltd
(AG2021/8705)

GUIDELINE ACT PTY LTD ENTERPRISE AGREEMENT 2022-2026

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 23 DECEMBER 2021

Application for approval of the Guideline ACT Pty Ltd Enterprise Agreement 2022 - 2026

[1] An application has been made for approval of an enterprise agreement known as the Guideline ACT Pty Ltd Enterprise Agreement 2022-2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The ‘Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F16) and ‘Form F17 – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F17) state the legal name of the Applicant as ‘Guideline (ACT) Pty Ltd’ and provide the ABN 65 008 462 548. Clause 1 of the Agreement names the employer party to the Agreement as ‘Guideline Act Pty Ltd’. The owner of ABN 65 008 462 548 is ‘Guideline (A.C.T.) Pty. Limited’. The Applicant sought corrections pursuant to s.586 of the Act to amend the name of the applicant employer in the Form F16 and Form F17, and clause 1 of the Agreement to reflect the correct name of the employer and applicant, being Guideline (A.C.T.) Pty. Limited (Employer or Applicant). I make the corrections pursuant to s.586 of the Act.

[3] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought and no objections were raised in relation to the Undertakings. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] Pursuant to s.190(3) of the Act, I accept the Undertakings.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[7] Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

[8] The Agreement is approved and, in accordance with s.54(1)(b) of the Act, will operate from 1 February 2022. The nominal expiry date of the Agreement is 22 December 2025.

COMMISSIONER

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