Statewide Vic Pty Ltd

[2024] FWCA 1985

[2024] FWCA 1985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Statewide Vic Pty Ltd

(AG2024/1646)

STATEWIDE COOMERA CONNECTOR CENTRAL GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 30 MAY 2024

Application for approval of the Statewide Coomera Connector Central Greenfields Agreement 2024

1. An application has been made for approval of a greenfields agreement known as the the Statewide Coomera Connector Central Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Statewide Vic Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting clause 13.5 regarding compassionate leave of the Agreement, it was brought to the attention of the parties that this clause appear to be inconsistent with s.105(1)(b) and (c) of the Act respectively. However, noting the undertakings provided and clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524830  PR775520>