MinStaff Survey Pty Ltd
[2023] FWCA 305
•31 JANUARY 2023
| [2023] FWCA 305 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MinStaff Survey Pty Ltd
(AG2022/5445)
MINSTAFF SURVEY EMPLOYEE ENTERPRISE AGREEMENT 2022
| Technical services | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 31 JANUARY 2023 |
Application for approval of the Minstaff Survey Employee Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Minstaff Survey Employee Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MinStaff Survey 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.
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.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2023. The nominal expiry date of the Agreement is 30 January 2027.
DEPUTY PRESIDENT
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Annexure A
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