Nacap Pty Ltd
[2024] FWCA 4635
•23 DECEMBER 2024
| [2024] FWCA 4635 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nacap Pty Ltd
(AG2024/4859)
NACAP UUNGULA WINDFARM PROJECT AGREEMENT 2024
| Building, metal and civil construction industries | |
| COMMISSIONER SLOAN | SYDNEY, 23 DECEMBER 2024 |
Application for approval of the Nacap Uungula Wind Farm Project Agreement 2024
Nacap Pty Ltd has made an application for approval of an enterprise agreement known as the Nacap Uungula Windfarm Project Agreement 2024 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Agreement does not contain a delegates’ rights term as required by s 205A of the Act. Clause 39 is titled “Role of Employee Representatives”. Clause 39.4 states that the clause is intended to “supplement” clause 36A of the Building and Construction General On-site Award 2020, which is titled “Workplace delegates’ rights”. However, clause 6 of the Agreement states that the Agreement operates to the exclusion of the Award. It follows that on its terms, the Agreement does not contain the necessary provision.
I raised this issue with Nacap and the bargaining representatives for the Agreement. I informed them of my intention, in the event of approval, to note in my decision that the Agreement is taken to include clause 36A of the Award. They raised no objection to me doing so. Consequently, in accordance with s 205A(2)(b) of the Act, clause 36A of the Award will be attached to and taken to be a term of the Agreement.
With that determination and having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 30 December 2024. The nominal expiry date of the Agreement is 31 December 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE527386 PR782740>
0
0
0