LMR Aust Pty Ltd T/A LMR Roofing

[2019] FWCA 7652

[2019] FWCA 7652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LMR Aust Pty Ltd T/A LMR Roofing
(AG2019/4086)

LMR AUST PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 NOVEMBER 2019

Application for approval of the LMR Aust Pty Ltd Enterprise Agreement 2019-2023.

[1] LMR Aust Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the LMR Aust Pty Ltd Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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 clause 12.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 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.

[4] The Agreement was approved on 7 November 2019 and, in accordance with s 54, will operate from 14 November 2019. The nominal expiry date of the Agreement is 7 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE506017  PR714064>