Hyatt Ground Engineering Pty Ltd

Case

[2024] FWCA 455

1 FEBRUARY 2024


[2024] FWCA 455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hyatt Ground Engineering Pty Ltd

(AG2024/81)

HYATT GROUND ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2023 – 2027

Building, metal and civil construction industries

COMMISSIONER MATHESON

SYDNEY, 1 FEBRUARY 2024

Application for approval of the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2023 – 2027

  1. An application has been made for approval of an enterprise agreement known as the Hyatt Ground Engineering Pty Ltd Enterprise Agreement 2023-2027 (Agreement). The application was made by Hyatt Ground Engineering Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2024. The nominal expiry date of the Agreement is 1 February 2028.

COMMISSIONER

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