CIA Precast & Steel Pty Ltd T/A Advanciv

[2022] FWCA 1428

[2022] FWCA 1428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CIA Precast & Steel Pty Ltd T/A Advanciv

(AG2022/742)

ADVANCIV ENTERPRISE Agreement 2021

Cement and concrete products
COMMISSIONER MATHESON	SYDNEY, 28 APRIL 2022

Application for approval of the Advanciv Enterprise Agreement 2021.

1. An application has been made for approval of an enterprise agreement known as the Advanciv Enterprise Agreement 2021 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. An error was made in the application in that it referenced the wrong employer and applicant name. The Applicant applied for a correction such that the correct legal name of the Applicant was referenced in the application, being CIA Precast & Steel Pty Ltd t/a Advanciv (Applicant). Pursuant to s.586 of the Act, I allow the correction to the application so that it references the name of the Applicant.

1. The application was accompanied by a signature page that did not comply in all respects with regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed by the Applicant. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and I do so pursuant to s.586(b) of the Act. 

1. Section 185(3) of the Act provides that an application to the Fair Work Commission (Commission) for approval of an enterprise agreement must be made within 14 days after the agreement is made or, if in all the circumstances the Commission considers it fair to extend that period, within such further period as the Commission allows. The application was made more than 14 days after the Agreement was made. The Applicant provided an explanation for the delay. Having considered the material before the Commission, I consider it fair to extend the period for the making of the application and do so to the day on which the application was made.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 8 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Further, the Applicant has provided Undertakings to address some of the inconsistencies. 

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

1. As noted above, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2022. The nominal expiry date of the Agreement is 5 May 2025.

COMMISSIONER

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Annexure A