NL Consulting Services Pty Ltd T/A Workplace Solutions

[2020] FWCA 2078

[2020] FWCA 2078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2020/599)

DAVCO ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 22 APRIL 2020

Application for approval of the Davco Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Davco Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by NL Consulting Services Pty Ltd T/A Workplace Solutions (the Applicant) on behalf of Davco Scaffolding Pty Ltd T/A Davco Scaffolding (the Employer). The Agreement is a single enterprise agreement.

[2] Mr Paul Dunbar, Industrial Relations Officer of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), advised the Commission on 17 March 2020 that in accordance with the Full Bench decision in Construction, Forestry, Mining and Energy Union v Ron Southon Pty Ltd[2016] FWCFB 8413, the CFMMEU had a material interest in the matter and requested copies of documents so that the CFMMEU could make submissions regarding the Agreement. Copies of the documents were provided to the CFMMEU.

[3] The CFMMEU identified concerns with the Agreement in separate correspondence to my Chambers on 8 April 2020. The Applicant provided responses to concerns raised by both the Commission and the CFMMEU on 9 April 2020 which were sent to my Chambers and to the CFMMEU.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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.

[5]   I observe that clause the following clauses are likely to be inconsistent with the National Employment Standards (NES):

● Clause 25 – Personal leave;

● Clause 25(g) – Personal leave notice;

● Clause 10.5(c) – Abandonment of employment

● Clause 11 – Redundancy

[6] However, noting the NES precedence clause at clause 5 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.

[7] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.

[8] Accordingly, the Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 April 2020. The nominal expiry date of the Agreement is 22 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A.