Scaf-West Pty Ltd
[2023] FWCA 2144
•13 JULY 2023
| [2023] FWCA 2144 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Scaf-West Pty Ltd
(AG2023/1567)
SCAF-WEST PTY LTD ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 13 JULY 2023 |
Application for approval of the Scaf-West Pty Ltd Enterprise Agreement 2023
An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Scaf-West Pty Ltd Enterprise Agreement 2023 (Agreement).
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
The following provisions are likely inconsistent with the National Employment Standards (NES):
· Clause 11 – Compassionate leave; and
· Clause 12 – Public Holidays.
However, noting clause 4.5 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 20 July 2023. The nominal expiry date of the Agreement is 13 July 2027.
DEPUTY PRESIDENT
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Annexure A
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