Construction, Forestry and Maritime Employees Union

[2024] FWCA 2626

[2024] FWCA 2626

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2439)

RAC GLAZING PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 15 JULY 2024

Application for approval of the RAC Glazing Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027

1. The Construction, Forestry and Maritime Employees Union has made an application for the approval of an enterprise agreement known as the RAC Glazing Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under section 173(2) was 12 March 2024 and the Agreement was made on 21 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. I am satisfied that each of the requirements of sections 186, 187, and 188, as are relevant to this application for approval, have been met.

1. Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

1. The Construction, Forestry and Maritime Employees Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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