Built Pty Ltd
[2022] FWCA 1836
•6 JUNE 2022
| [2022] FWCA 1836 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Built Pty Ltd
(AG2022/1580)
Built Pty Ltd / CFMEU South Australia Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| COMMISSIONER PLATT | ADELAIDE, 6 JUNE 2022 |
Application for approval of the Built Pty Ltd / CFMEU South Australia Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Built Pty Ltd / CFMEU South Australia Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Built Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 30 May 2022.
On 2 June 2022, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.
Part A (d) (i) and Part B (r) of the Agreement state that if an employee fails to provide proof of absence, the employer may deduct any amount of already paid for attendance from the next week’s pay or from any other money due to the employee. Clause 2.8 (i)(D) of the Agreement states the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues employment within two weeks of commencing on the job and who does not forthwith return to the employee's place of engagement. Sections 324-326 of the Act deal with permitted deductions and when terms of an agreement which allow for unreasonable deductions may be unenforceable. To the extent that the above clauses are inconsistent with ss.324-326 of the Act, they will have no effect.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.
COMMISSIONER
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