SC Rigging Pty Ltd

[2024] FWCA 1490

[2024] FWCA 1490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SC Rigging Pty Ltd

(AG2024/1210)

APPLICATION FOR APPROVAL OF THE AMWU & SC RIGGING PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 26 APRIL 2024

Application for approval of the AMWU & SC Rigging Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

1. An application has been made for approval of a greenfields agreement known as the AMWU & SC Rigging Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made by SC Rigging Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) 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. I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

·   Clause 41, relating to the accrual of personal and carer’s leave appears more restrictive than s.96(2) of the Act.

1. However, noting clause 7.7 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. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and the Agreement covers this organisation.

1. The Agreement was approved on 26 April 2024 and, in accordance with s.54 of the Act, will operate from 3 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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