NL Consulting Services Pty Ltd T/A Workplace Solutions

[2021] FWCA 3365

[2021] FWCA 3365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2021/5303)

ROCKTOWN NSW PRECAST YARDS ENTERPRISE AGREEMENT 2021

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2021

Application for approval of the Rocktown NSW Precast Yards Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rocktown NSW Precast Yards Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty Ltd T/A Workplace Solutions. 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 provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 8.7 - Public Holidays.

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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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