W Hub Pty Ltd

[2021] FWCA 232

[2021] FWCA 232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

W Hub Pty Ltd
(AG2020/3996)

W HUB PTY LTD ENTERPRISE AGREEMENT 2020

Mining industry
DEPUTY PRESIDENT CROSS	SYDNEY, 18 JANUARY 2021

Application for approval of the W Hub Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the W Hub Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by W Hub Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

•  Clause 8.1 - Annual leave.

•  Clause 8.3 - Compassionate leave

•  Clause 10 - Termination of employment

•  Clause 11(b) - Redundancy

However, noting clause 1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2021. The nominal expiry date of the Agreement is 18 January 2025.

DEPUTY PRESIDENT

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