NRW Contracting Pty Ltd
[2022] FWCA 82
•12 JANUARY 2022
| [2022] FWCA 82 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
NRW Contracting Pty Ltd
(AG2021/9023)
NRW CONTRACTING PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2021
| Building, metal and civil construction industries | |
| COMMISSIONER P RYAN | SYDNEY, 12 JANUARY 2022 |
Application for approval of the NRW Contracting Pty Ltd Civil Construction Enterprise Agreement 2021
NRW Contracting Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the NRW Contracting Pty Ltd Civil Construction Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The employer 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.
Sections 186, 187, 188 and 190
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.
National Employment Standards
I observe that clause 24.4 of the Agreement may be inconsistent with the National Employment Standards (NES) (s.115(3) of the Act). However, noting clause 4.3 of the Agreement (NES precedence clause), I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2022. The nominal expiry date of the Agreement is 19 January 2026.
COMMISSIONER
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