Select Civil Pty Limited
[2023] FWCA 1459
•19 MAY 2023
| [2023] FWCA 1459 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Select Civil Pty Limited
(AG2023/1338)
SELECT CIVIL PTY LIMITED (LAND FILL OPERATION) ENTERPRISE AGREEMENT 2022-2025
| Waste management industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 19 MAY 2023 |
Application for approval of the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2022-2025.
An application has been made for approval of an enterprise agreement known as the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Select Civil Pty Limited. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.
I note that the provisions of clause 19.2.4 (Personal/Carer’s Leave) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2023. The nominal expiry date of the Agreement is 31 October 2025.
DEPUTY PRESIDENT
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