Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2158

[2023] FWCA 2158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2221)

OPERATORS AND RIGGERS PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 13 JULY 2023

Application for approval of the Operators and Riggers Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Operators and Riggers Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry, Maritime, Mining and Energy Union (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 11 July 2023.

1. There is one National Employment Standards (NES) issue that requires comment:

·  Annual leave: Clause 5.1 (b) provides for leave in days instead of weeks, which may be inconsistent with s87 of the Act.

1. Clause 1.5(c) of the Agreement acts as an effective NES precedence clause. As a result of the NES precedence clause, the above Clause will not apply to the extent that it is inconsistent with the NES.

1. The Construction, Forestry, 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) of the Act I note that the Agreement covers this organisation.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 July 2025.

COMMISSIONER

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