Construction, Forestry and Maritime Employees Union

[2024] FWCA 1421

[2024] FWCA 1421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1071)

W BREMNER & SONS AND CFMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 18 APRIL 2024

Application for approval of the W Bremner & Sons and CFMEU - Manufacturing Division Enterprise Agreement 2023

1. The Construction, Forestry and Maritime Employees Union has applied for approval of an enterprise agreement known as the W Bremner & Sons and CFMEU – Manufacturing Division Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

1. The Agreement is a single enterprise agreement.

1. I note that Clause 28 may be inconsistent with the National Employment Standards as it credits employees with 20 days of annual leave per year, whereas s 87 of the Act provides for 4 weeks of paid annual leave for each year. Given that the Agreement includes Clause 6.7, which gives precedence to the National Employment Standards, I am satisfied that the more beneficial entitlements of the National Employment Standards will prevail.

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. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 April 2024.

1. In accordance with Clause 5(b), the nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

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