Vic Earth & Civil Pty Ltd

[2021] FWCA 158

[2021] FWCA 158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vic Earth & Civil Pty Ltd
(AG2020/4024)

VIC EARTH & CIVIL PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 14 JANUARY 2021

Application for approval of the VIC Earth & Civil Pty Ltd & The Australian Workers’ Union Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the VIC EARTH & CIVIL PTY LTD & The Australian Workers' Union 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 Vic Earth & Civil Pty Ltd. The Agreement is a single enterprise agreement.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 19.5(b)(ii); and

•  Clause 45.1.

[5] However, noting clause 6 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement was approved on 14 January 2021 and, in accordance with s.54, will operate from 21 January 2021. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

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