Laser Linings Pty Ltd T/A Laser Linings

Case

[2019] FWCA 4607

2 JULY 2019

No judgment structure available for this case.

[2019] FWCA 4607
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Laser Linings Pty Ltd T/A Laser Linings
(AG2019/1413)

LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries

COMMISSIONER JOHNS

SYDNEY, 2 JULY 2019

Application for approval of the LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2019.

[1] An application has been made for approval of an enterprise agreement known as the LASER LININGS PTY. LTD. ENTERPRISE AGREEMENT 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laser Linings Pty Ltd T/A Laser Linings. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.4 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

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