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austlii:cth/FWCA/2020/3314
defendant. The Agreement was approved and will operate from 1 July 2020 with a nominal expiry date of 23 June 2024.
The Fair Work Commission approved an enterprise agreement for DMS Building Group. Although some clauses appeared to conflict with minimum employment standards (the NES), the agreement contained a clause ensuring employees would always receive the better of the agreement terms or the legal minimums. The agreement will run from 1 July 2020 to 23 June 2024.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
DMS BUILDING GROUP PTY LIMITED ENTERPRISE AGREEMENT 2020 - 2024
Application for approval of the DMS Building Group Pty Limited Enterprise Agreement 2020 - 2024.
[1] An application has been made for approval of an enterprise agreement known as the DMS Building Group Pty Limited Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DMS Building Group Pty Limited. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
Clause 5.4.4 - Payment of Wages;
Clause 9.6.4 - Notice of Absence;
Clause 12.4.4 - Abandonment of Employment;
Clause 12.5.1 - Summary Dismissal; and
Clause 13 - Redundancy.
However, noting clause 3.4.5(b) 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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2020. The nominal expiry date of the Agreement is 23 June 2024.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate from 1 July 2020 with a nominal expiry date of 23 June 2024.