Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 4111

[2019] FWCA 4111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1705)

POPMARC PTY LTD T/A LOAD 28 ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 JUNE 2019

Application for approval of the Popmarc Pty Ltd T/A Load 28 Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Popmarc Pty Ltd T/A Load 28 Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 June 2019.

[3] I note that the Applicant distributed a Notice of Employee Representational Rights (NERR) in an outdated form which contravenes s.174(1A) of the Act. Pursuant to s.188(2) of the Act I am satisfied that this error is a minor technical error, and that employees covered by this Agreement are not likely to be disadvantaged as a result of the error.

[4] Clause 3.5 of the Agreement contains an Abandonment of Employment provision which appears to be inconsistent with the National Employment Standards (NES). I note that clause 1.5.4 of the Agreement contains a NES precedence clause which remedies this issue.

[5] The CFMMEU, 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) of the Act I note that the Agreement covers this organisation.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 July 2020.

COMMISSIONER

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