Shamrock Civil Engineering Pty Ltd T/A Shamrock Civil Engineering
[2024] FWCA 1331
•12 APRIL 2024
| [2024] FWCA 1331 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Shamrock Civil Engineering Pty Ltd T/A Shamrock Civil Engineering
(AG2024/1011)
SHAMROCK CIVIL ENGINEERING (LOY YANG) ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 12 APRIL 2024 |
Application for approval of the Shamrock Civil Engineering (Loy Yang) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Shamrock Civil Engineering (Loy Yang) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shamrock Civil Engineering Pty Ltd T/A Shamrock Civil Engineering (the Applicant). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 6.5 – Compassionate Leave
· Clause 2.12 – Abandonment of Employment
However, noting clause 1.4(c) 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 will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 11 April 2027.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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