JA Crockett Pty Ltd

[2021] FWCA 3551

[2021] FWCA 3551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JA Crockett Pty Ltd
(AG2021/5538)

JA CROCKETT PTY LTD ENTERPRISE AGREEMENT - 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 23 JUNE 2021

Application for approval of the JA Crockett Pty Ltd Pty Ltd Enterprise Agreement - 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the JA Crockett Pty Ltd Pty Ltd Enterprise Agreement - 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JA Crockett Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] The Agreement contained a typographical error at clause 1 and the Employer has filed an amended Agreement page rectifying the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] I note that clause 12.3 (Abandonment of Employment) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.2 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 30 June 2021. The nominal expiry date of the Agreement is 29 June 2025.

DEPUTY PRESIDENT

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Annexure A