South Coast Equipment Pty Limited T/A SCE Group

[2019] FWCA 6053

[2019] FWCA 6053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Coast Equipment Pty Limited T/A SCE Group
(AG2019/2808)

SOUTH COAST EQUIPMENT PTY. LIMITED TWU ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 SEPTEMBER 2019

Application for approval of the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the South Coast Equipment Pty. Limited TWU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] I observe that the following provisions are likely to be inconsistent with the National

Employment Standards (NES):

•  Clause 20.1 - Annual Leave;

•  Clause 11(k) - Public Holidays.

[5] However, noting clause 6(b) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2019. The nominal expiry date of the Agreement is 16 May 2021.

COMMISSIONER

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Annexure A