Sienik Projects Pty Ltd

[2021] FWCA 4038

[2021] FWCA 4038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sienik Projects Pty Ltd
(AG2021/5863)

SIENIK PROJECTS PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 JULY 2021

Application for approval of the Sienik Projects Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sienik Projects Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sienik Projects Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 13.2(b) – Termination of Employment.

However, noting clause 4.2 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.

[4] I note that the notification time for the Agreement was 26 May 2021. The employer gave employees the notice of employee representational rights on 3 March 2021. I consider that the employer was not required to give notice to the employees under s.173(1), as it had already given the employees a notice under that subsection within a reasonable period before the notification time for the agreement in accordance with s.173(4) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2021. The nominal expiry date of the Agreement is 8 July 2025.

COMMISSIONER

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