Application for approval of the Alder Constructions Pty Ltd Enterprise Agreement 2024.

[1] Alder Constructions Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Alder Constructions Pty Ltd Enterprise Agreement 2024 ("the Agreement"). The Application was made under s.185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] Since filing its supporting declaration the Employer has provided a submission confirming the Agreement covers all on-site employees excluding administrative staff and management staff. The Employer has also informed the Commission that the Notice of Employee Representational Rights was distributed to all employees by hand. The Employer also provided information in support of the proposition that the employees who voted on the Agreement have a sufficient interest in its terms, and are sufficiently representative, dealing with classifications, types of employment, and geographic spread, and noting the work in which the Employer is involved. I also note that ten of the eleven employees voted, and they all voted in favour of the Agreement.

[3] Noting clause 10.1.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 28 May 2028.

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