WA Project Services Pty Ltd T/A WA Project Services Pty Ltd

[2022] FWCA 4558

[2022] FWCA 4558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WA Project Services Pty Ltd T/A WA Project Services Pty Ltd

(AG2022/5230)

WA Project Services Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 DECEMBER 2022

Application for approval of the WA Project Services Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the WA Project Services Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Project Services Pty Ltd T/A WA Project Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Noting clause 5.3(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. 
   The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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