CA Property Group Pty Ltd T/A CA Property Group

[2020] FWCA 3593

[2020] FWCA 3593

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CA Property Group Pty Ltd T/A CA Property Group
(AG2020/1467)

CA PROPERTY GROUP PTY LTD ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 16 JULY 2020

Application for approval of the CA Property Group Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the CA Property Group Pty Ltd Enterprise Agreement 2020-2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by CA Property Group Pty Ltd T/A CA Property Group (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.5 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:

•  Clause 17.1.6 of the Agreement, which excludes apprentices from notice on termination.

•  Clauses 33.1.1, 33.4.1 and 33.4.2, which impose restrictions upon the taking of compassionate leave.

•  Clause 33.1.4 of the Agreement, which limits the accrual of personal leave to 100 days.

•  Clause 33.5.1 of the Agreement, which states that an employee (other than a casual) is entitled to use up to five days personal leave each year as carer’s leave.

•  Clause 34.1.1 of the Agreement, which defines an adopted child as a person under the age of five.

•  Clause 34.2.2 of the Agreement, which states that at the time of the birth of a child concurrent parental leave can be accessed for one week, and for the purposes of adoption leave up to three weeks.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2020. The nominal expiry date of the Agreement is 16 July 2024.

DEPUTY PRESIDENT

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Annexure A