Tankweld Installations Pty Ltd

[2022] FWCA 1333

[2022] FWCA 1333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tankweld Installations Pty Ltd

(AG2022/770)

Tankweld Installations Enterprise Agreement 2021

Water, sewerage and drainage services
COMMISSIONER LEE	MELBOURNE, 14 APRIL 2022

Application for the approval of Tankweld Installations Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Tankweld Installations Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tankweld Installations Pty Ltd. 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 3.3.2 – Termination of Employment.

·    Clause 3.4.1(c) – Abandonment of Employment.

·   Clause 3.5.7 – Redundancy.

·   Clause 6.5.1(b) – Community Service Leave.

However, noting clause 1.8 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2022. The nominal expiry date of the Agreement is 28 July 2025.

COMMISSIONER

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Annexure A