R McFadyen Pipeline Constructions Pty Ltd

[2019] FWCA 8334

[2019] FWCA 8334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R McFadyen Pipeline Constructions Pty Ltd
(AG2019/3937)

R MCFADYEN PIPELINE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 23 DECEMBER 2019

Application for approval of the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the R McFadyen Pipeline Constructions Pty Ltd Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R McFadyen Pipeline Constructions Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that Clause 9.7 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the National Employment Standards precedence undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE506417  PR714993>

Appendix A.