South Link Pty Ptd T/A South Link Pty Ltd

[2023] FWCA 1432

[2023] FWCA 1432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

South Link Pty Ptd T/A South Link Pty Ltd

(AG2023/1333)

SOUTHLINK OPERATIONS 2023 ENTERPRISE AGREEMENT

Passenger vehicle transport (non rail) industry
COMMISSIONER CIRKOVIC	MELBOURNE, 18 MAY 2023

Application for approval of the SouthLink Operations 2023 Enterprise Agreement

1. An application has been made for approval of an enterprise agreement known as the SouthLink Operations 2023 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by South Link Pty Ptd T/A South Link Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. 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 5 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. The Agreement was approved on 18 May 2023 and, in accordance with s 54, will operate from 25 May 2023. The nominal expiry date of the Agreement is 18 May 2027.

COMMISSIONER

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