Select Civil Pty Limited

[2020] FWCA 6668

[2020] FWCA 6668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Select Civil Pty Limited
(AG2020/3193)

SELECT CIVIL PTY LIMITED (LAND FILL OPERATION) ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 DECEMBER 2020

Application for approval of the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement to be known as the Select Civil Pty Limited (Land Fill Operation) Enterprise Agreement 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Select Civil Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 10 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2010, and the Waste Management Award 2020 respectively), and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

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Annexure A