Rapid Pre Cast Pty Ltd

[2021] FWCA 831

[2021] FWCA 831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rapid Pre Cast Pty Ltd
(AG2021/34)

RAPID PRE-CAST PTY ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 17 FEBRUARY 2021

Application for approval of the Rapid Pre-Cast Pty Ltd Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Rapid Pre Cast Pty Ltd (the Applicant) for approval of Rapid Pre-Cast Pty Ltd Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 10 February 2021, raising certain concerns in relation to the Agreement and seeking responses from the Applicant. The Applicant filed submissions addressing the concerns raised on 11 February 2021.

[3] The matter was listed for eHearing on 16 February 2021. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. No parties contacted my Chambers.

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

•  Clause 15.3.8 – Personal Leave

•  Clause 15.4.1 – Public Holidays

•  Clause 15.5.3 – Jury Service

•  Clause 6.1.2 – Abandonment of Employment

[5] However, noting the NES precedence clause at 5(d), I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the matters raised at paragraphs [2]-[5], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 17 February 2025.

COMMISSIONER

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