Sarens Australia Pty Ltd T/A Sarens (Australia) Pty Ltd

[2023] FWC 3064

[2023] FWC 3064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sarens Australia Pty Ltd T/A Sarens (Australia) Pty Ltd

(AG2023/4127)

SARENS (AUSTRALIA) PTY LTD TECHNICAL SOLUTIONS ENTERPRISE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 21 NOVEMBER 2023

Application for approval of the Sarens (Australia) Pty Ltd Technical Solutions Enterprise Agreement 2023 - 2027

1. An application has been made for approval of an enterprise agreement known as the Sarens (Australia) Pty Ltd Technical Solutions Enterprise Agreement 2023 - 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sarens Australia Pty Ltd T/A Sarens (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Noting clause 26 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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