Application by Cirillo Labour Hire Pty Ltd
[2024] FWCA 1084
•27 MARCH 2024
| [2024] FWCA 1084 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Application by Cirillo Labour Hire Pty Ltd
(AG2024/756)
CIRILLO CIVIL GROUP AUSTRALIA AND EMPLOYEES ENTERPRISE AGREEMENT 2024 - 2028
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 27 MARCH 2024 |
Application for approval of the Cirillo Civil Group Australia and Employees Enterprise Agreement 2024 - 2028
Introduction
Cirillo Labour Hire Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Cirillo Civil Group Australia and Employees Enterprise Agreement 2024 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
NES precedence term in Clause 4 of the Agreement
Clause 35.8 which deals with compassionate leave may be inconsistent with the National Employment Standards (NES) as it is silent on circumstances where an employee or their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. I note that in accordance with the NES precedence term in Clause 4 of the Agreement and as amended by the undertakings, this clause will be read and interpreted in conjunction with the NES.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
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.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2024. The nominal expiry date of the Agreement is 27 March 2028.
DEPUTY PRESIDENT
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Annexure A
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