Civil Reinforcing Pty Ltd

Case

[2022] FWCA 1199

5 APRIL 2022


[2022] FWCA 1199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Reinforcing Pty Ltd

(AG2022/854)

Civil Reinforcing Enterprise Agreement 2021

Building, metal and civil construction industries

DEPUTY PRESIDENT MILLHOUSE

MELBOURNE, 5 APRIL 2022

Application for approval of the Civil Reinforcing Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement known as the Civil Reinforcing Enterprise Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Civil Reinforcing 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 clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.3 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:

  • Clause 27.5 which deals with deductions from an employee’s remuneration.
  • Clause 27.8 which provides for the withholding of an employee’s final pay upon termination.
  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 5 April 2026.

DEPUTY PRESIDENT

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