Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 2431

[2021] FWCA 2431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4840)

CFMEU WORK PLACE COLLECTIVE AGREEMENT 2021-2023

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 MAY 2021

Application for approval of the CFMEU Work Place Collective Agreement 2021 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as the CFMEU Work Place Collective Agreement 2021 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 30 April 2024. 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 Clerks – Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] 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 10 May 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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Annexure A