Host Construction Services (QLD & NT) Pty Ltd
[2024] FWCA 3165
•2 SEPTEMBER 2024
| [2024] FWCA 3165 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Host Construction Services (QLD & NT) Pty Ltd
(AG2024/3047)
HOST CONSTRUCTION SERVICES (QLD & NT) PTY LTD ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 2 SEPTEMBER 2024 |
Application for approval of the Host Construction Services (QLD & NT) Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Host Construction Services (QLD & NT) Pty Ltd 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 Host Construction Services (QLD & NT) Pty Ltd (the Applicant).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.
The Agreement does not contain a delegates rights term that is no less favourable than the modern award in its entirety, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates’ rights term in the Agreement will apply to the extent of any inconsistency with the Award. However, where the Award term at clause 36A is more beneficial than the Agreement term at clause 12, clause 5 of the Agreement will not apply and the more beneficial term of the Award will apply instead.
The Applicant has provided written undertakings. 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 September 2028.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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