Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 1729

[2019] FWCA 1729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6988)

RAMLER INTERNATIONAL PTY LTD ATF RAMLER INTERNATIONAL TRUST T/A RAMLER INTERNATIONAL AND CFMEU ENTERPRISE AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 MARCH 2019

Application for approval of the Ramler International Pty Ltd ATF Ramler International Trust t/a Ramler International and CFMEU Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ramler International Pty Ltd ATF Ramler International Trust t/a Ramler International and CFMEU Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 Clauses 20.7, 28.1, 32.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement lodged contained an error at clause 3 and 4. On 7 March 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

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