OK Steelex Services Pty Ltd
[2024] FWCA 4646
•23 DECEMBER 2024
| [2024] FWCA 4646 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
OK Steelex Services Pty Ltd
(AG2024/4842)
OK STEELEX SERVICES PTY LTD – AWU WESTERN HARBOUR TUNNEL GREENFIELDS AGREEMENT
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 23 DECEMBER 2024 |
Application for approval of the OK Steelex Services Pty Ltd – AWU Western Harbour Tunnel Greenfields Agreement
An application has been made for approval of an enterprise agreement to be known as the OK Steelex Services Pty Ltd – AWU Western Harbour Tunnel Greenfields Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by OK Steelex Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 20 December 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2024. The nominal expiry date of the Agreement is 20 October 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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