Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 5740

[2020] FWCA 5740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2668)

MARITIME UNION OF AUSTRALIA CLERICAL STAFF ENTERPRISE AGREEMENT 2019

Clerical industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 OCTOBER 2020

Application for approval of the Maritime Union of Australia Clerical Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Maritime Union of Australia Clerical Staff Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union — Maritime Union of Australia Division (Employer). The Agreement is a single enterprise agreement.

[2] The notification provided by the Employer as to the date, time, and place of the vote was five days (and not seven days. as required by s.180(3) of the Act). That said, and having had regard to the Applicant’s submissions dated 14 Oct 2020, I find that this discrepancy was a minor procedural or technical error, that the employees to be covered by the Agreement were not disadvantaged, and the Agreement was genuinely agreed to (notwithstanding the minor procedural or technical error identified).

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

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

[7] The Australian Municipal, Administrative, Clerical and Services 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 22 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE509368  PR724015>