Rodaux Pty Ltd T/A Rodaux Pty Ltd

[2019] FWCA 2462

[2019] FWCA 2462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rodaux Pty Ltd T/A Rodaux Pty Ltd
(AG2019/82)

RODAUX PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 APRIL 2019

Application for approval of the Rodaux Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Rodaux Pty Ltd 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 Rodaux Pty Ltd T/A Rodaux Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that Clause 4.4 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 9 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502856  PR706816>

Annexure A