Neumann Contractors Pty Ltd T/A Neumann Contractors

[2022] FWCA 2248

[2022] FWCA 2248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Neumann Contractors Pty Ltd T/A Neumann Contractors

(AG2022/1964)

Neumann Contractors Pty Ltd Dredging Enterprise Agreement 2022

Dredging industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 JULY 2022

Application for approval of the Neumann Contractors Pty Ltd Dredging Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Neumann Contractors Pty Ltd Dredging Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neumann Contractors Pty Ltd T/A Neumann Contractors. The Agreement is a single enterprise agreement.

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

1. Subject to the undertakings referred to above, 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.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516564  PR743482>

Annexure A