Construction, Forestry and Maritime Employees Union

[2024] FWCA 2198

[2024] FWCA 2198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2037)

MOONYAH WORKFORCE PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 13 JUNE 2024

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

1. An application has been made for approval of an enterprise agreement known as the Moonyah Workforce Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union (the Applicant/CFMEU). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The CFMEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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