Infrabuild Trading Pty Ltd T/A Tonkin Steel

[2023] FWCA 521

[2023] FWCA 521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Infrabuild Trading Pty Ltd T/A Tonkin Steel

(AG2023/229)

Tonkin Steel Enterprise Agreement 2022 - 2025

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COMMISSIONER CIRKOVIC	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the Tonkin Steel Enterprise Agreement 2022 - 2025

1. An application has been made for approval of an enterprise agreement known as the Tonkin Steel Enterprise Agreement 2022 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Infrabuild Trading Pty Ltd T/A Tonkin Steel. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.1 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.

1. The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement was approved on 20 February 2023 and, in accordance with s.54, will operate from 27 February 2023. The nominal expiry date of the Agreement is 1 December 2025.

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