Western Quarries Pty Ltd
[2023] FWCA 1794
•21 JUNE 2023
| [2023] FWCA 1794 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Western Quarries Pty Ltd
(AG2023/1825)
VSA ROADS - QUARRIES ENTERPRISE AGREEMENT 2022
| Quarrying industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 21 JUNE 2023 |
Application for approval of the VSA Roads - Quarries Enterprise Agreement 2022.
Western Quarries Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the VSA Roads - Quarries Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 5.1 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.
The Agreement was approved on 21 June 2023 and, in accordance with s.54, will operate from 28 June 2023. The nominal expiry date of the Agreement is 28 June 2026.
COMMISSIONER
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