Rokon Pty Ltd

[2019] FWCA 7713

[2019] FWCA 7713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rokon Pty Ltd
(AG2019/3889)

ROKON PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the Rokon Pty Ltd Enterprise Agreement 2019.

[1] Rokon Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Rokon Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 observe that clauses 18.6, 27.1, 27.4(c), 30.1(c) and 30.1(g) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 11 November 2019 and, in accordance with s 54, will operate from 18 November 2019. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

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Annexure A