T.C. Drainage (WA) Pty Ltd

[2023] FWCA 509

[2023] FWCA 509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

T.C. Drainage (WA) Pty Ltd

(AG2023/160)

T.C. Drainage (WA) Pty Ltd. Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 17 FEBRUARY 2023

Application for approval of the T.C. Drainage (WA) Pty Ltd. Enterprise Agreement 2022.

1. T.C. Drainage (WA) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the T.C. Drainage (WA) Pty Ltd. Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 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.

1. The Agreement was approved on 17 February 2023 and, in accordance with s.54, will operate from 24 February 2023. The nominal expiry date of the Agreement is 17 February 2027.

COMMISSIONER

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Annexure A