CIA Precast and Steel T/A CIA Precast and Steel

[2022] FWCA 1591

[2022] FWCA 1591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CIA Precast and Steel T/A CIA Precast and Steel

(AG2022/740)

CIA Precast and Steel (Precast Division) Enterprise Agreement 2021

Cement and concrete products
DEPUTY PRESIDENT EASTON	SYDNEY, 12 MAY 2022

Application for approval of the CIA Precast and Steel (Precast Division) Enterprise Agreement 2021.

1. CIA Precast and Steel T/A CIA Precast and Steel (the Employer) has made an application for the approval of the CIA Precast and Steel (Precast Division) Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

1. Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

1. The application was not lodged within 14 days after the agreement was made. The Employer has provided a statement from Ms Nancy Shepherdson (Administrative Services Manager of ATB Morton Group Pty Ltd) explaining the reason for the delay. The delay is explained by reference to a former officer of the employer failing to make the application within the 14 days, but then giving assurances to others that an application had been properly filed in the Commission, providing updates that were not correct, and then avoiding or ignoring further inquiries about the progress of the application. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):

   • Clause 24.2(a) and 24.2(b) – Personal/Carer’s Leave
   • Clause 25 – Compassionate Leave
   • Clause 27.3(a) – Public Holidays
   • Clause 34.2 – Termination of Employment 

2. Noting the undertaking provided by the Employer, I am satisfied that 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 19 May 2022. The nominal expiry date of the Agreement is 12 May 2025.

DEPUTY PRESIDENT

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Annexure A