Liberty Ind Pty Ltd T/A Liberty Industrial

[2020] FWCA 2736

[2020] FWCA 2736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liberty Ind Pty Ltd T/A Liberty Industrial
(AG2020/1156)

LIBERTY INDUSTRIAL NATIONAL ENTERPRISE AGREEMENT 2020- 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 MAY 2020

Application for approval of the Liberty Industrial National Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement to be known as the Liberty Industrial National Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Liberty Ind Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 21 May 2020. 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 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2020. The nominal expiry date of the Agreement is 26 May 2024.

DEPUTY PRESIDENT

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Annexure A