Mulgoa Quarries Pty Limited
[2024] FWCA 4435
•12 DECEMBER 2024
| [2024] FWCA 4435 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mulgoa Quarries Pty Limited
(AG2024/4629)
MULGOA QUARRIES PTY LIMITED QUARRY AND CONSTRUCTION WORKERS AND PLANT OPERATORS ENTERPRISE AGREEMENT 2024-2028
| Building, metal and civil construction industries | |
| COMMISSIONER CRAWFORD | SYDNEY, 12 DECEMBER 2024 |
Application for approval of the Mulgoa Quarries Pty Limited Quarry and Construction Workers and Plant Operators Enterprise Agreement 2024-2028
An application has been made for approval of an enterprise agreement known as the Mulgoa Quarries Pty Limited Quarry and Construction Workers and Plant Operators Enterprise Agreement 2024 - 2028 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Mulgoa Quarries Pty Limited. The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
The delegates’ rights term in clause 58 of the Agreement is inferior to that appearing in clause 36A of the Building and Construction General On-site Award 2020. As a result, the workplace delegates’ rights term appearing in clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement in accordance with s.205A of the FW Act.
Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do in relation to the following terms of the Agreement which appear inferior to the minimum conditions in the NES:
-Clause 29.3: Personal/carer’s leave – additional access requirements
-Clause 48.5: Redundancy – reduction with no application to FWC
-Clause 56: Family violence leave – no additional paid leave
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 12 December 2028.
COMMISSIONER
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