Rondo Building Services Pty Ltd
[2022] FWCA 2605
•2 AUGUST 2022
| [2022] FWCA 2605 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Rondo Building Services Pty Ltd
(AG2022/3107)
Rondo Building Services Pty Ltd NSW Site Thirteenth Enterprise Bargaining Agreement
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 2 AUGUST 2022 |
Application for approval of the Rondo Building Services Pty Ltd NSW Site Thirteenth Enterprise Bargaining Agreement
Rondo Building Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Rondo Building Services Pty Ltd NSW Site Thirteenth Enterprise Bargaining Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
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, and 188 as are relevant to this application for approval have been met.
Clause 8.1 of the Agreement incorporates by reference, the ‘Rondo Building Services Pty Ltd EBA Employees Wages Policy’ (the Wages Policy) and is an enforceable term of the Agreement. The Wages Policy is publicly available on the Commission’s file.
I observe that clause 13.12 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(a) 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.
The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 2 August 2022 and, in accordance with s 54, will operate from 9 August 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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