Mitchell Water Australia Pty Ltd T/A Mitchell Water Australia

[2020] FWCA 2653

[2020] FWCA 2653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mitchell Water Australia Pty Ltd T/A Mitchell Water Australia
(AG2020/840)

MWA WATER INDUSTRY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 MAY 2020

Application for approval of the MWA Water Industry Enterprise Agreement 2020.

[1] Mitchell Water Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the MWA Water Industry Enterprise Agreement 2020 (the Agreement) pursuant to 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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] I observe that clauses 5.2(c) and 5.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, 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 was approved on 20 May 2020 and, in accordance with s 54, will operate from 27 May 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Annexure A