Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 661
•24 FEBRUARY 2022
| [2022] FWCA 661 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/375)
Trinity Windows Contracting Pty Ltd t/as Trinity Facades and CFMEU ACT Finishing and Facade Trades Enterprise Agreement 2021
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 24 FEBRUARY 2022 |
Application for approval of the Trinity Windows Contracting Pty Ltd t/as Trinity Facades and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021
An application has been made for approval of an enterprise agreement to be known as the Trinity Windows Contracting Pty Ltd t/as Trinity Facades and CFMEU ACT Finishing and Façade Trades Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Trinity Windows Contracting Pty Ltd (Employer) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a greenfields agreement.
The CFMMEU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2022. The nominal expiry date of the Agreement is 1 August 2024.
DEPUTY PRESIDENT
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