SC Hydro Pty Ltd

[2023] FWCA 783

[2023] FWCA 783

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SC Hydro Pty Ltd

(AG2023/453)

SC Hydro Pty Ltd - AWU - Camp Services Greenfield Agreement 2023-2027

Hospitality industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 10 MARCH 2023

Application for approval of the SC Hydro Pty Ltd - AWU - Camp Services Greenfield Agreement 2023-2027

1. An application has been made for approval of an enterprise agreement known as the SC Hydro Pty Ltd – AWU – Camp Services Greenfield 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 SC Hydro Pty Ltd (the Applicant).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·  Clause 7.4 – Compassionate Leave.

·   Clause 3.13.8 – Abandonment of Employment.

However, noting clause 2.5.3 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.

1. 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.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 9 March 2027.

DEPUTY PRESIDENT

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