NAN Holdings Pty Ltd

[2019] FWCA 3969

[2019] FWCA 3969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NAN Holdings Pty Ltd
(AG2019/778)

NAN HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2019

Cleaning services
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2019

Application for approval of the NAN Holdings Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NAN Holdings Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NAN Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 12 - Annual Leave

•  Clause 21.10 - Abandonment

However, noting clause 4.2 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 6 June 2023.

COMMISSIONER

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