Holmes Nominees (Aust) Pty Ltd T/A Aus Pits

[2018] FWCA 6588

[2018] FWCA 6588

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Holmes Nominees (Aust) Pty Ltd T/A Aus Pits

(AG2018/2295)

Holmes Nominees (Aust) Pty Ltd Collective Agreement 2018 - 2022

Cement and concrete products
Deputy President Masson	MELBOURNE, 25 OCTOBER 2018

Application for approval of the Holmes Nominees (Aust) Pty Ltd Collective Agreement 2018-2022.

1. An application has been made for approval of an enterprise agreement known as the Holmes Nominees (Aust) Pty Ltd Collective Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Holmes Nominees (Aust) Pty Ltd T/A Aus Pits. The Agreement is a single enterprise agreement.

1. 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.

1. 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.

1. I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

   ·     Clause 17.1.2 – Maximum Weekly Hours

   ·     Clause 31.1.2 – Annual Leave

   ·     Clause 32.8 – Abandonment of Employment

However, noting clause 5.4 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. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A