Wesley Engineering Pty Ltd

[2021] FWCA 5077

[2021] FWCA 5077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wesley Engineering Pty Ltd
(AG2021/6326)

WESLEY ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 AUGUST 2021

Application for approval of the Wesley Engineering Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Wesley Engineering Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Wesley Engineering Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 16 August 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020 and the Mining Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2021. The nominal expiry date of the Agreement is 17 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512776  PR732896>

Annexure A