McInnes Earthmoving Pty Ltd
[2024] FWCA 969
•18 MARCH 2024
| [2024] FWCA 969 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
McInnes Earthmoving Pty Ltd
(AG2024/463)
MCINNES EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 18 MARCH 2024 |
Application for approval of the McInnes Earthmoving Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the McInnes Earthmoving 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 McInnes Earthmoving Pty Ltd. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 30 - Compassionate Leave.
However, noting the undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2024. The nominal expiry date of the Agreement is 18 March 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523868 PR772473>
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.:
AG2024/463
Applicant:
McInnes Earthmoving Pty Ltd
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, Andrew McInnes, Director, have the authority given to me by McInnes Earthmoving Pty Ltd to give the following undertakings with respect to the McInnes Earthmoving Pty Ltd Enterprise Agreement 2023 ("the Agreement"):
The definition of a continuous shift worker is as per Clause 2 of the Building and Construction General On-Site Award 2020.
Compassionate leave will be administered in accordance with the National Employment Standards.
This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.
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Signature
12/03/2024
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Date
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