PGSA Pty Ltd T/A Fredon Security (Qld) CD Pty Ltd

[2020] FWCA 5632

[2020] FWCA 5632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PGSA Pty Ltd T/A Fredon Security (Qld) CD Pty Ltd
(AG2020/2454)

PGSA PTY LTD TRADING AS FREDON SECURITY (QLD) CD PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 26 OCTOBER 2020

Application for approval of the PGSA Pty Ltd trading as Fredon Security (Qld) CD Pty Ltd Queen's Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the PGSA Pty Ltd trading as Fredon Security (Qld) CD Pty Ltd Queen’s Wharf Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by PGSA Pty Ltd T/A Fredon Security (Qld) CD Pty Ltd. The Agreement is a greenfields agreement covering a single employer.

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

● Clause 31.2 – Personal/carer’s leave
● Clause 31.8 – Annual leave
● Clause 32.2 – Family/domestic violence leave

[3] However, noting the NES precedence clause at clauses 31.2, 31.8 and 32.2 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] An undertaking has been given in relation to the NES. This undertaking is taken to be a part of the Agreement. A copy of the undertaking is attached to the Agreement.

[5] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), the Construction, Forestry, Maritime, Mining and Energy Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are employee organisations to be covered by the Agreement. In accordance with s.187(5)(a) of the Act I am satisfied the CEPU, the CFMMEU, and the AMWU are entitled to represent the industrial interests of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[7] Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the CEPU, the CFMMEU, and the AMWU and that the Agreement covers these organisations.

[8] The Agreement was approved on 26 October 2020 and, in accordance with s.54, will operate from 2 November 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

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