Intercon Engineering Pty Ltd T/A Intercon Engineering Pty Ltd
[2024] FWCA 3865
•5 NOVEMBER 2024
| [2024] FWCA 3865 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Intercon Engineering Pty Ltd T/A Intercon Engineering Pty Ltd
(AG2024/3783)
INTERCON ENGINEERING PTY LTD NATIONAL ENTERPRISE AGREEMENT 2024-2028
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 5 NOVEMBER 2024 |
Application for approval of the Intercon Engineering Pty Ltd National Enterprise Agreement 2024-2028
Intercon Engineering Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Intercon Engineering Pty Ltd National Enterprise Agreement 2024-2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]
National Employment Standards
I observe that clauses 14.1.1(e)(ii), 17.1(ii), and 17.1(c) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6(a) 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.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 November 2024. The nominal expiry date of the Agreement is 5 November 2028.
COMMISSIONER
Annexure A
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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