Rutledge Engineering (Aust) Pty Limited

[2018] FWCA 6538

[2018] FWCA 6538 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rutledge Engineering (Aust) Pty Limited
(AG2018/2504)

RUTLEDGE ENGINEERING (AUST) PTY LTD NT SINGLE ENTERPRISE AGREEMENT 2017

Northern Territory
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Rutledge Engineering (Aust) Pty Ltd NT Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rutledge Engineering (Aust) Pty Ltd NT Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rutledge Engineering (Aust) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I note that Clause 14.1.7 is inconsistent with the National Employment Standards as it states that an employee who is absent from work without reasonable cause during their notice period shall be deemed to have abandoned their employment and shall not be entitled to payment for work done during that period. Given the National Employment Standards precedence clause at Clause 10 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement was approved on 24 October 2018 and, in accordance with s.54, will operate from 31 October 2018. The nominal expiry date of the Agreement is 24 October 2018.

COMMISSIONER

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