Living Architecture Systems Pty Ltd T/A Coolth Inc

[2023] FWCA 1265

[2023] FWCA 1265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Living Architecture Systems Pty Ltd T/A Coolth Inc

(AG2023/1112)

LIVING ARCHITECTURE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2023

Gardening services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 3 MAY 2023

Application for approval of the Living Architecture Systems Pty Ltd Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Living Architecture Systems Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Living Architecture Systems Pty Ltd T/A Coolth Inc. The Agreement is a single enterprise agreement.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 33 – Compassionate Leave;

·           Clause 46 – Abandonment of Employment; and

·           Clause 49 – Deductions.

However, noting clause 4.5 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2023. The nominal expiry date of the Agreement is 3 May 2027.

DEPUTY PRESIDENT

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