Milne Davidson Projects Pty Ltd

[2020] FWCA 2730

[2020] FWCA 2730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Milne Davidson Projects Pty Ltd
(AG2020/1303)

MILNE DAVIDSON PROJECTS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 25 MAY 2020

Application for approval of the Milne Davidson Projects Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Milne Davidson Projects Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Milne Davidson Projects Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

•  Clause 13.5; and

•  Clause 35

[4] However, noting clause 5.6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 25 May 2020 and, in accordance with s.54, will operate from 1 June 2020. The nominal expiry date of the Agreement is 25 May 2024.

COMMISSIONER

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