MOAG Pty Ltd
[2023] FWCA 65
•9 JANUARY 2023
| [2023] FWCA 65 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MOAG Pty Ltd
(AG2022/5280)
MOAG ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 9 JANUARY 2023 |
Application for approval of the MOAG Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the MOAG 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 MOAG Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
I do observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 14(d) – Withholding of NES entitlements
· Clause 14(e) – Withholding of NES entitlements.
However, noting clause 5(b) of the Agreement and the undertakings provided, 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 will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 January 2027.
DEPUTY PRESIDENT
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