Spectrum Labour Pty Ltd

[2022] FWCA 623

[2022] FWCA 623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Spectrum Labour Pty Ltd

(AG2022/294)

The Spectrum Labour Pty Ltd & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 FEBRUARY 2022

Application for approval of The Spectrum Labour Pty Ltd & The Australian Workers’ Union Agreement 2022

1. An application has been made for approval of a greenfields agreement known as The Spectrum Labour Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement). The application was made by Spectrum Labour Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. I observe that clause 55.1(b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 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. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Australian Workers’ Union and that the Agreement covers this organisation.

1. The Agreement was approved on 23 February 2022 and, in accordance with s.54, will operate from 2 March 2022. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

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