Statewide Vic Pty Ltd T/A Statewide Vic Pty Ltd
[2022] FWCA 435
•18 FEBRUARY 2022
| [2022] FWCA 435 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s. 185—Enterprise agreement
Statewide Vic Pty Ltd T/A Statewide Vic Pty Ltd
(AG2021/9188)
STATEWIDE VIC PTY LTD & The Australian Workers’ Union Agreement 2021
| Building, metal and civil construction industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 18 FEBRUARY 2022 |
Application for approval of the STATEWIDE VIC PTY LTD & The Australian Workers’ Union Agreement 2021.
An application has been made for approval of a greenfields agreement known as the STATEWIDE VIC PTY LTD & The Australian Workers’ Union Agreement 2021 (the Agreement). The application was made by Statewide Vic Pty Ltd T/A Statewide Vic Pty Ltd pursuant to s. 185 of the Fair Work Act 2009 (the Act).
The Agreement meets the requirements of s. 172(2)(b) of the Act. I am satisfied that each of the requirements of sections 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 the Australian Workers’ Union are 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.
Pursuant to s. 53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers the organisation.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 18 February 2022 and, in accordance with s. 54 of the Act, will operate from 25 February 2022. The nominal expiry date of the Agreement is 28 February 2023.
COMMISSIONER
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