Stilcon Site Services Pty Ltd

[2021] FWCA 4674

[2021] FWCA 4674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stilcon Site Services Pty Ltd
(AG2021/6213)

STILCON SITE SERVICES PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 AUGUST 2021

Application for approval of the Stilcon Site Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2020-2023.

[1] Stilcon Site Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Stilcon Site Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] I observe that clauses 38 and 41 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.8 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.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 August 2021 and, in accordance with s 54, will operate from 9 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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