Hi Rise Access Pty Ltd

[2024] FWCA 454

[2024] FWCA 454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hi Rise Access Pty Ltd

(AG2023/5542)

HI RISE ACCESS PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 1 FEBRUARY 2024

Application for approval of the Hi Rise Access Pty Ltd Enterprise Agreement 2023

1. Hi Rise Access Pty Ltd has applied for approval of an enterprise agreement known as the Hi Rise Access Pty Ltd Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. I note that Clause 19 may be inconsistent with the National Employment Standards as the clause does not specify that an employee is entitled to payment of notice of termination in accordance with ss 117 to 123 of the Act. Given the National Employment Standards precedence clause at Clause 3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. 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.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 February 2024.

1. In accordance with Clause 4.2, the nominal expiry date of the Agreement is 30 October 2027.

COMMISSIONER

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