Mackinnon Finch Workplace Legal & Consulting T/A Mackinnon Finch

[2020] FWCA 6159

[2020] FWCA 6159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackinnon Finch Workplace Legal & Consulting T/A Mackinnon Finch
(AG2020/3265)

DANRAE REMEDIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 17 NOVEMBER 2020

Application for approval of the Danrae Remedial Services Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Danrae Remedial Services Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackinnon Finch Workplace Legal & Consulting T/A Mackinnon Finch. 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] 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 9.3.2 – Annual Leave Loading.

•  Clause 10.9.8 – Public Holidays

•  Clause 10.9.9 – Public Holidays

•  Clause 12.4.3 – Abandonment of Employment

However, noting clause 3.4.2 and clause 3.4.3 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2020. The nominal expiry date of the Agreement is 17 November 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509550  PR724617>