Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 5865

[2021] FWCA 5865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7326)

DOMINION GLOBAL PTY LTD, EMPLOYEES AND THE CFMMEU AGREEMENT 2021-2023

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 20 SEPTEMBER 2021

Application for approval of the Dominion Global Pty Ltd, Employees and the CFMMEU Agreement 2021-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union has applied for approval of an enterprise agreement known as the Dominion Global Pty Ltd, Employees and the CFMMEU Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] 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.

[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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.4.4 – Instant Dismissal;

•  Clause 33 – Annual Leave; and

•  Clause 38(d) – Public Holidays and Building Industry Picnic Day.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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