Yheduun Gauur Pty Ltd T/A YG Demolitions Pty Ltd

[2019] FWCA 6784

[2019] FWCA 6784

FAIR WORK COMMISSION

DECISION

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

Yheduun Gauur Pty Ltd T/A YG Demolitions Pty Ltd
(AG2019/2669)

YHEDUUN GAUUR (STRONG HEART) SINGLE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 14 OCTOBER 2019

Application for approval of the Yheduun Gauur (Strong Heart) Single Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Yheduun Gauur (Strong Heart) Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Yheduun Gauur Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). The employer has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Consultation term at Clause 36 of the Agreement does not include requirements for changes to regular roster or ordinary hours of work, as required by s.205(1A) of the Act. The model terms are taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.