The Carpet Company Tas Pty Ltd

[2022] FWCA 2487

[2022] FWCA 2487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Carpet Company Tas Pty Ltd

(AG2022/2363)

The Carpet Company Tas Pty Ltd Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 1 AUGUST 2022

Application for approval of The Carpet Company Tas Pty Ltd Enterprise Agreement 2022 – 2026.

1. The Carpet Company Tas Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as The Carpet Company Tas Pty Ltd Enterprise Agreement 2022 – 2026 (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 the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 14 – Abandonment of employment

• Clause 15.4 – Notice of termination

• Clause 35.2 – Public holidays

1. However, I am satisfied that the Employer’s written undertaking in Annexure A means 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 1 August 2022 and, in accordance with s.54, will operate from 8 August 2022. The nominal expiry date of the Agreement is 1 August 2026.

COMMISSIONER

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Annexure A