National Reinforcing Pty Ltd T/A National Reinforced Concrete

[2023] FWCA 3128

[2023] FWCA 3128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Reinforcing Pty Ltd T/A National Reinforced Concrete

(AG2023/3312)

APPLICATION FOR APPROVAL OF THE NATIONAL REINFORCING ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 SEPTEMBER 2023

Application for approval of the National Reinforcing Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the NATIONAL REINFORCING ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Reinforcing Pty Ltd T/A National Reinforced Concrete. The Agreement is a single enterprise agreement.

1. 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.

1. However, an assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES).  In particular, terms relating to:

a)clause 20: Compassionate leave; and

b)clause 6.19: Casual conversion.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

1. Noting the NES precedence clause (clause 5.3a), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2023. The nominal expiry date of the Agreement is 27 September 2027.

COMMISSIONER

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