Next Constructions Pty Ltd

[2020] FWCA 6701

[2020] FWCA 6701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Next Constructions Pty Ltd
(AG2020/3339)

NEXT CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 DECEMBER 2020

Application for approval of the Next Constructions Pty Ltd Enterprise Agreement 2020 - 2024.

[1] Next Constructions Pty Ltd has applied for approval of a single enterprise agreement known as the Next Constructions Pty Ltd Enterprise Agreement 2020 – 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission requested more information about the steps taken to comply with the pre-approval requirements in the Act. Further information was and evidence was provided in relation to these matters.

[3] Next Constructions Pty Ltd sought to correct a typographical error in the original application, by filing an amended statutory declaration. The bargaining representatives did not oppose. In the circumstances, I am satisfied that these amendments should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting subclauses 3.4.4 and 3.4.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] On the basis of the material contained in the amended application and materials filed, 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.

[6] The Agreement was approved on 14 December 2020 and, in accordance with s.54, will operate from 21 December 2020. The nominal expiry date of the Agreement is 14 December 2024.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

<AE509800 PR725378>