HDP (Vic) Pty Ltd

[2021] FWCA 7307

[2021] FWCA 7307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HDP (Vic) Pty Ltd
(AG2021/8916)

HDP (VIC) PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 24 DECEMBER 2021

Application for approval of the HDP (Vic) Pty Ltd Enterprise Agreement 2021.

[1] HDP (Vic) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the HDP (Vic) Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] I observe that one provision of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 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 Agreement was approved on 24 December 2021 and, in accordance with s. 54, will operate from 31 December 2021. The nominal expiry date of the Agreement is 24 December 2025.

COMMISSIONER

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