SPE Management (ACT) Pty Ltd

[2021] FWCA 1034

[2021] FWCA 1034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPE Management (ACT) Pty Ltd
(AG2020/4210)

SPE MANAGEMENT (ACT) PTY LTD MECHANICAL AND AIR CONDITIONING SERVICES - ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 FEBRUARY 2021

Application for approval of the SPE Management (ACT) Pty Ltd Mechanical and Air Conditioning Services - Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the SPE Management (ACT) Pty Ltd Mechanical and Air Conditioning Services - Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPE Management (ACT) Pty Ltd. 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. The undertakings are taken to be a term of 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 provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10.1.5 – Notice of Termination.

However, noting clause 4.9.2 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2021. The nominal expiry date of the Agreement is 24 February 2025.

COMMISSIONER

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Annexure A