Piletech Australia Pty Ltd
[2022] FWCA 725
•2 MARCH 2022
| [2022] FWCA 725 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Piletech Australia Pty Ltd
(AG2022/422)
PILETECH AUSTRALIA & The Australian Workers' Union Agreement 2021
| Building, metal and civil construction industries | |
| COMMISSIONER O'NEILL | MELBOURNE, 2 MARCH 2022 |
Application for approval of the PILETECH AUSTRALIA & The Australian Workers' Union Agreement 2021
Piletech Australia Pty Ltd has applied for approval of a greenfields agreement known as the PILETECH AUSTRALIA & The Australian Workers’ Union Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union is entitled to represent the industrial interests of a majority 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.
I observe that clause 47.1 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2022. The nominal expiry date of the Agreement is 28 February 2023.
COMMISSIONER
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