WorkPac Pty Ltd

[2023] FWCA 3092

[2023] FWCA 3092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

WorkPac Pty Ltd

(AG2023/2814)

DREDGING SERVICES AGREEMENT 2023

Dredging industry
COMMISSIONER MATHESON	SYDNEY, 25 SEPTEMBER 2023

Application for approval of the Dredging Services Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Dredging Services Agreement 2023 (Agreement). The application was made by WorkPac Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. I observe that clause 19(a) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1(d)(iv) 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.

1. The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2023. The nominal expiry date of the Agreement is 25 September 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521622  PR766549>

Annexure A