Wired Overhead Solutions Pty Ltd

[2019] FWCA 4236

[2019] FWCA 4236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wired Overhead Solutions Pty Ltd
(AG2019/1415)

WIRED OVERHEAD SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019-2022

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2019

Application for approval of the WIRED Overhead Solutions Pty Ltd Enterprise Agreement2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the WIRED Overhead Solutions Pty Ltd Enterprise Agreement2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wired Overhead Solutions 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] Pursuant to s.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.

[4] I note that Clauses 24 and 11 are inconsistent with the National Employment Standards as they provide content not provided for in the NES. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 18 June 2023.

DEPUTY PRESIDENT

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