Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5996

[2021] FWCA 5996

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7318)

KELLER PTY LTD /CFMEU SOUTH AUSTRALIA GREENFIELDS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 SEPTEMBER 2021

Application for approval of the KELLER PTY LTD /CFMEU South Australia Greenfields Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement to be known as the KELLER PTY LTD /CFMEU South Australia Greenfields Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Keller Pty Ltd (Employer). The Agreement is a greenfields agreement.

[2] The Employer has provided written undertakings dated 22 September 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General Onsite Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The Construction, Forestry, Maritime, Mining and Energy Union, 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.

[4] Subject to the undertakings referred to above, 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.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE513254  PR734296>

Annexure A