National Masonry Pty Ltd

[2021] FWCA 1613

[2021] FWCA 1613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Masonry Pty Ltd
(AG2021/4012)

NATIONAL MASONRY DEER PARK ENTERPRISE AGREEMENT 2020 - 2023

Cement and concrete products
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 MARCH 2021

Application for approval of the National Masonry Deer Park Enterprise Agreement 2020 - 2023.

[1] National Masonry Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the National Masonry Deer Park Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] I observe that clause 27(c) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 45 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.

[6] The Australian Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 26 March 2021 and, in accordance with s 54, will operate from 2 April 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

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Annexure A