LAF Contracting (NSW) Pty Ltd Trading as LAF Group
[2024] FWCA 1825
•17 MAY 2024
| [2024] FWCA 1825 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
LAF Contracting (NSW) Pty Ltd Trading as LAF Group
(AG2024/1513)
LAF CONTRACTING (NSW) PTY LTD ENTERPRISE AGREEMENT 2024-2028
| Building and construction industry | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 17 MAY 2024 |
Application for approval of LAF Contracting (NSW) Pty Ltd Enterprise Agreement 2024-2028
Introduction
LAF Contracting (NSW) Pty Ltd Trading as LAF Group (the Employer) has made an application for approval of an enterprise agreement known as the LAF Contracting (NSW) Pty Ltd Enterprise Agreement 2024-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Date of Operation
Clause 3.2 of the Agreement states that the Agreement ‘shall come into operation following receipt of a notice issued by Fair Work Australia.’ This is inconsistent with s.54 of the Act which provides an Agreement will operate from 7 days after approval by the Fair Work Commission unless a later date is specified. The date of operation is specified in paragraph [8] of this decision.
Model Consultation Terms
The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement. A copy can be found in Annexure B of the Agreement.
National Employment Standards (NES) precedence term in Clause 3.4.5 of the Agreement
Clause 7.2.1 of the Agreement states that an employee shall be entitled to paid personal carer's leave which shall accrue and be credited at the rate of 5.846 hours for every completed 4-week period of service. Clause 7.2.6 of the Agreement limits employees to taking no more than 10 days per year of paid carer’s leave. Clause 7.7.4 of the Agreement states that employees are expected to be available to work on public holidays as required.
These clauses may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 3.4.5 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.
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.
Section 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 as are relevant to this application for approval have been met.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2024. The nominal expiry date of the Agreement is 16 May 2028.
DEPUTY PRESIDENT
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