Multiworks Australia Pty Ltd

[2020] FWCA 6855

[2020] FWCA 6855

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiworks Australia Pty Ltd
(AG2020/3545)

MULTIWORKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 17 DECEMBER 2020

Application for approval of the Multiworks Australia Pty Ltd Enterprise Agreement 2020.

[1] Multiworks Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Multiworks Australia Pty Ltd 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] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[3] 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.

[4] I observe that clause 10.3(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 of the Agreement, 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 17 December 2020 and, in accordance with s 54, will operate from 24 December 2020. The nominal expiry date of the Agreement is 17 December 2024.

DEPUTY PRESIDENT

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<AE509856  PR725576>