Wood Australia Pty Ltd T/A Wood Australia

[2021] FWCA 6446

[2021] FWCA 6446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wood Australia Pty Ltd T/A Wood Australia
(AG2021/7914)

WOOD ONSHORE/OFFSHORE FACILITIES MECHANICAL (AWU) CONSTRUCTION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 27 OCTOBER 2021

Application for approval of the Wood Onshore/Offshore Facilities Mechanical (AWU) Construction Agreement 2021

[1] Wood Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Wood Onshore/Offshore Facilities Mechanical (AWU) Construction Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s. 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1 of the Agreement, 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 Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 October 2021 and, in accordance with s. 54, will operate from 3 November 2021. The nominal expiry date of the Agreement is 27 October 2025.

COMMISSIONER

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