Kerrect Group Pty Ltd, Kerrect Access Australia Pty Ltd

[2022] FWCA 2356

[2022] FWCA 2356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kerrect Group Pty Ltd, Kerrect Access Australia Pty Ltd

(AG2022/2096)

Kerrect Group Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 14 JULY 2022

Application for approval of the Kerrect Group Enterprise Agreement 2022 – 2026.

1. Kerrect Group Pty Ltd and Kerrect Access Australia Pty Ltd (the Employers) have made an application for approval of an enterprise agreement known as the Kerrect Group Enterprise Agreement 2022 – 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employers have 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.

1. Subject to the undertaking 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 sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I observe that certain provisions of the Agreement are likely to 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. The Agreement was approved on 14 July 2022 and, in accordance with s.54, will operate from 21 July 2022. The nominal expiry date of the Agreement is 14 July 2026.

COMMISSIONER

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<AE516665  PR743763>

Annexure A