C&L Ceilings Pty Ltd

[2024] FWCA 1422

[2024] FWCA 1422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

C&L Ceilings Pty Ltd

(AG2024/1147)

C&L CEILINGS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 APRIL 2024

Application for approval of the C&L Ceilings Pty Ltd Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the C&L Ceilings Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C&L Ceilings Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 23.5 – Public Holidays

·   Clause 28.7 – Return of Property

However, noting clause 4.3 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2024. The nominal expiry date of the Agreement is 18 April 2028.

COMMISSIONER

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