Home Modifications Lake Macquarie/Newcastle Limited T/A Hunter Home Modifications

Case

[2025] FWCA 251

22 JANUARY 2025


[2025] FWCA 251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Home Modifications Lake Macquarie/Newcastle Limited T/A Hunter Home Modifications

(AG2024/5143)

HUNTER HOME MODIFICATIONS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries

DEPUTY PRESIDENT CROSS

SYDNEY, 22 JANUARY 2025

Application for approval of the Hunter Home Modifications Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Hunter Home Modifications Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Home Modifications Lake Macquarie/Newcastle Limited T/A Hunter Home Modifications. The Agreement is a single enterprise agreement.

  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. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

  1. I note that the Agreement contains an NES precedence clause at cl.1.7, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

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