Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 498

[2021] FWCA 498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/109)

PRESTON HIRE (WA) PTY LIMITED AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2021

Application for approval of the Preston Hire (WA) Pty Limited and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Preston Hire (WA) Pty Limited and CFMEU (WA) Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement 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] I note that Clause 38.6(a)(i) is inconsistent with the National Employment Standards as it provides that personal leave would accrue at one day per month at the beginning of each of the first 10 months of employment. Given the National Employment Standards precedence clause at clause 5.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

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