AKT Constructions (WA) Pty Ltd

[2021] FWCA 3641

[2021] FWCA 3641

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AKT Constructions (WA) Pty Ltd
(AG2021/5605)

AKT CONSTRUCTIONS (WA) PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2021

Application for approval of the AKT Constructions (WA) Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the AKT Constructions (WA) Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2021 (the Agreement). The application was made by AKT Constructions (WA) Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 41.5 – Compassionate Leave.

However, noting clause 6.3 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2021. The nominal expiry date of the Agreement is 23 June 2025.

COMMISSIONER

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