Rintoul Pty Ltd T/A Rintoul Pty Limited

[2019] FWCA 6677

[2019] FWCA 6677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rintoul Pty Ltd T/A Rintoul Pty Limited
(AG2019/2862)

RINTOUL PTY LTD (SITE) ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2019

Application for approval of the Rintoul Pty Ltd (Site) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Rintoul Pty Ltd (Site) Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rintoul Pty Ltd T/A Rintoul Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I observe that clauses 9.2.4 & 9.6.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 24 September 2023.

COMMISSIONER

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