SEREMETIS PUMPING PTY LTD

[2022] FWCA 4583

[2022] FWCA 4583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SEREMETIS PUMPING PTY LTD

(AG2022/5248)

SEREMETIS PUMPING PTY LTD & the Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 DECEMBER 2022

Application for approval of the SEREMETIS PUMPING PTY LTD & The Australian Workers’ Union Agreement 2022

1. An application has been made for approval of a greenfields agreement known as the SEREMETIS PUMPING PTY LTD & The Australian Workers’ Union Agreement 2022 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SEREMETIS PUMPING PTY LTD.

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 The Australian Workers’ Union 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 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 Australian Workers’ Union and that the Agreement covers this organisation.

1. The Agreement was approved on 23 December 2022 and, in accordance with s.54 of the Act, will operate from 30 December 2022. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

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