SBS Group Pty Ltd
[2024] FWCA 1941
•28 MAY 2024
| [2024] FWCA 1941 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
SBS Group Pty Ltd
(AG2024/1623)
SBS GROUP CENTENARY BRIDGE UPGRADE PROJECT GREENFIELD ARRANGEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 28 MAY 2024 |
Application for approval of the SBS Group Centenary Bridge Upgrade Project Greenfield Arrangement 2024
An application has been made for approval of a greenfields agreement known as the SBS Group Centenary Bridge Upgrade Project Greenfield Arrangement 2024 (Agreement). The application was made by SBS Group Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each requirement of ss 186 and 187 as are relevant to this application for approval have been met.
I observe that clause 13.5 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). Clause 13.5 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. This appears to be inconsistent with s 104(1)(c) of the Act. However, noting clause 6 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.
In accordance with s 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).
Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 4 June 2024. The nominal expiry date of the Agreement is 4 June 2028.
DEPUTY PRESIDENT
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