Hansen Yuncken Pty Ltd
[2024] FWCA 4362
•6 DECEMBER 2024
| [2024] FWCA 4362 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Hansen Yuncken Pty Ltd
(AG2024/4664)
HANSEN YUNCKEN PTY LTD (TASMANIA) AND CFMEU ENTERPRISE AGREEMENT (TAS) 2024
| Building services | |
| COMMISSIONER LEE | MELBOURNE, 6 DECEMBER 2024 |
Application for approval of the Hansen Yuncken Pty Ltd (Tasmania) and CFMEU Enterprise Agreement (Tas) 2024
An application has been made for approval of an enterprise agreement known as the Hansen Yuncken Pty Ltd (Tasmania) and CFMEU Enterprise Agreement (Tas) 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hansen Yuncken Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):
· Clause 41.2 - Public Holidays and Holiday Work.
However, noting clause 33 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 13 December 2024. The nominal expiry date of the Agreement is 3 February 2028.
COMMISSIONER
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