Larrakia Bilirra Group Pty Ltd
[2022] FWCA 4436
•15 DECEMBER 2022
| [2022] FWCA 4436 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Larrakia Bilirra Group Pty Ltd
(AG2022/4998)
Larrakia Bilirra Group Pty Ltd & The Australian Workers’ Union Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 15 DECEMBER 2022 |
Application for approval of the Larrakia Bilirra Group Pty Ltd & The Australian Workers’ Union Agreement 2022
An application has been made for approval of an enterprise agreement to be known as the Larrakia Bilirra Group Pty Ltd & The Australian Workers’ Union Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Larrakia Bilirra Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 13 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 1 November 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518596 PR748967>
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2022/4998
Application by Larrakia Bilirra Group Pty Ltd
Section 185 – Application for approval of a single enterprise agreement
Undertaking- Section 190
I, David George, Operations Manager, Larrakia Bilirra Group Pty Ltd, give the following undertaking with respect to the Larrakia Bilirra Group Pty Ltd AND The Australian Workers Union Traffic Management Agreement 2022 (Agreement):
Saturday overtime
Notwithstanding Clauses 30.1(b) and 47.1(a) of the Agreement, all overtime undertaken after 12.00pm on a Saturday will be paid at double time (200%).
Day Shift commencing between 5am and 6am
In relation to a dayshift commencing at 5am, the portion of time from 5am to 6am will be paid at overtime rates.
I have the authority given to me by Larrakia Bilirra Group Pty Ltd to provide the above undertakings in relation to the enterprise agreement approval application before the Fair Work Commission.
Signature:
Date:
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