M & P Gladman Pty Ltd

[2021] FWCA 6390

[2021] FWCA 6390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M & P Gladman Pty Ltd
(AG2021/7561)

M & P GLADMAN PTY LTD ENTERPRISE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 22 OCTOBER 2021

Application for approval of the M & P Gladman Pty Ltd Enterprise Agreement 2021-2023.

[1] M & P Gladman Pty Ltd (the Employer) has made an application for the approval of the M & P Gladman Pty Ltd Enterprise Agreement 2021-2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] Clause 22.7 – Personal Leave and Clause 26.3 – Public Holiday are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that 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 29 October 2021. The nominal expiry date of the Agreement is 1 November 2023.

DEPUTY PRESIDENT

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Annexure A