Ulex Constructions Pty Ltd

[2023] FWCA 2511

[2023] FWCA 2511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ulex Constructions Pty Ltd

(AG2023/2331)

ULEX CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 10 AUGUST 2023

Application for approval of the Ulex Constructions Pty Ltd Enterprise Agreement 2023 - 2027

1. An application has been made for approval of an enterprise agreement known as the Ulex Constructions Pty Ltd Enterprise Agreement 2023 - 2027 (Agreement). The application was made by Ulex Constructions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. 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.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5(e) 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 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). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. 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.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2023. The nominal expiry date of the Agreement is 10 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521078  PR765095>

Annexure A