Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 7983

[2019] FWCA 7983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4252)

CETADALE PTY LTD T/A FABRIC CONVERSIONS AND CFMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 25 NOVEMBER 2019

Application for approval of the Cetadale Pty Ltd t/a Fabric Conversions and CFMEU Manufacturing Division Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cetadale Pty Ltd t/a Fabric Conversions and CFMEU Manufacturing Division Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and related materials, 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] Noting clause 5.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2019. The nominal expiry date of the Agreement is 14 January 2022.

DEPUTY PRESIDENT

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