RCQ Construction Pty Ltd

[2018] FWCA 6921

[2018] FWCA 6921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

RCQ Construction Pty Ltd
(AG2018/2970)

RCQ CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2018

Application for variation of the RCQ Construction Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the RCQ Construction Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by RCQ Construction Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

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

● Clause 6.3 – casual employees

● Clause 6.1.2 – abandonment of employment

● Clause 6.10.2(iii) – Termination of Employment

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

[6] In accordance with s.216 of the Act, the variation operates from 13 November 2018.

COMMISSIONER

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