HVA Services Pty Ltd T/A Programmed Skilled Workforce Limited

[2021] FWCA 5874

[2021] FWCA 5874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

HVA Services Pty Ltd T/A Programmed Skilled Workforce Limited

(AG2021/6651)

HVA Services Enterprise Agreement 2018

Mining industry
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2021

Application for variation of the HVA Services Enterprise Agreement 2018

1. An application has been made for approval of a variation to the HVA Services Enterprise Agreement 2018 (the Agreement). The application was made by HVA Services Pty Ltd T/A Programmed Skilled Workforce Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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

• Clause 16 – Public Holidays
• Clause 19.1 – Amount of long service leave

However, noting the NES precedence clause at clause 1.4, 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 15 February 2019. Those undertakings form part of the Agreement as varied.

1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

1. In accordance with s.216 of the Act, the variation operates from 20 September 2021.

COMMISSIONER

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