Total Onsite Joinery and Carpentry Pty Ltd
[2022] FWCA 3408
•4 OCTOBER 2022
| [2022] FWCA 3408 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Total Onsite Joinery and Carpentry Pty Ltd
(AG2022/3612)
Total Onsite Joinery and Carpentry Pty Ltd Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 4 OCTOBER 2022 |
Application for approval of the Total Onsite Joinery and Carpentry Pty Ltd Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Total Onsite Joinery and Carpentry Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made by Total Onsite Joinery and Carpentry Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5(d) 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.
The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:
(a)cause financial detriment to any employee covered by the Agreement; or
(b)result in substantial changes to the Agreement.
Pursuant to s.190(3) of the Act, I accept the Undertakings.
Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2022. The nominal expiry date of the Agreement is 4 October 2026.
COMMISSIONER
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Annexure A
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