Hall Contracting Pty Ltd
[2022] FWCA 565
•18 FEBRUARY 2022
| [2022] FWCA 565 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hall Contracting Pty Ltd
(AG2021/9075)
Hall Group Civil Construction Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 18 FEBRUARY 2022 |
Application for approval of the Hall Group Civil Construction Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Hall Group Civil Construction Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hall Contracting Pty Ltd. The Agreement is a single enterprise agreement.
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.
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.
I note that the Notice of Employee Representational Rights (NERR) provided to the employees is on the Applicant’s letterhead and contains the date. This raises a concern that the NERR is not in its prescribed form as required by s.174(1A) of the Act. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 5.2 – Termination.
· Clause 8.8 – Public Holidays.
However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2022. The nominal expiry date of the Agreement is 30 December 2025.
COMMISSIONER
Annexure A
[1] [2019] FWCFB 318
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