Westforce Construction Pty Ltd
[2024] FWCA 2549
•12 JULY 2024
| [2024] FWCA 2549 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Westforce Construction Pty Ltd
(AG2024/2217)
| Building, metal and civil construction industries | |
| COMMISSIONER LIM | PERTH, 12 JULY 2024 |
Application for approval of the Westforce Construction Enterprise Agreement 2024.
Westforce Construction Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Westforce Construction Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.
I note that clause 29 of the Agreement appears to be inconsistent with the National Employment Standards (NES). However, I am satisfied that under clause 4.3 of the Agreement, 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 12 July 2024 and, in accordance with s 54, will operate from 19 July 2024. The nominal expiry date of the Agreement is 12 July 2028.
COMMISSIONER
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ANNEXURE A
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