The People Management Company #1
[2021] FWCA 6313
•18 OCTOBER 2021
| [2021] FWCA 6313 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
The People Management Company #1
(AG2021/7712)
RECORD AUTOMATIC DOORS VICTORIA ENTERPRISE AGREEMENT 2021
Building, metal and civil construction industries | |
COMMISSIONER MIRABELLA | MELBOURNE, 18 OCTOBER 2021 |
Application for approval of the Record Automatic Doors Victoria Enterprise Agreement 2021
[1] The People Management Company #1 has made an application for approval of an enterprise agreement known as the Record Automatic Doors Victoria Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] 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.
[3] 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.
[4] I observe that clause 49 (Annual Leave) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). 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.
[5] The Agreement was approved on 18 October 2021 and, in accordance with s. 54, will operate from 25 October 2021. The nominal expiry date of the Agreement is 18 October 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE513553 PR734979>
Annexure A
0
0
0