Hunter Buildings Pty Ltd

[2021] FWCA 4485

[2021] FWCA 4485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hunter Buildings Pty Ltd
(AG2021/6135)

HUNTER BUILDINGS PTY LTD EA AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JULY 2021

Application for approval of the Hunter Buildings Pty Ltd EA Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Hunter Buildings Pty Ltd EA Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hunter Buildings Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 19.2.8 – Annual Leave.

•  Clause 19.5.3 – Public Holidays.

•  Clause 20.6 – Notice of Termination.

However, noting clause 5.3 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 25 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE512443  PR732138>

Annexure A