Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 2082

[2023] FWCA 2082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2119)

APPLICATION FOR APPROVAL OF THE MOONYAH WORKFORCE PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 7 JULY 2023

Application for approval of the Moonyah Workforce Pty Ltd Gold Coast Light Rail Stage 3 Project Agreement

1. An application has been made for approval of an enterprise agreement known as the MOONYAH WORKFORCE PTY LTD GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT (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.

1. An assessment of the Agreement has identified that a clause may be inconsistent with the National Employment Standards (NES).  In particular,

a)Clause 30.4 (withholding of NES entitlements on termination).

1. At clause 3.1 of the Agreement there is a clause that gives precedence to the NES over the Agreement to the extent the Agreement contains less favourable terms. Therefore, there should be careful consideration of the NES if regard is to be had to the clause above.  Noting the NES precedence clause, to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. 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.

1. 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2023. The nominal expiry date of the Agreement is 6 July 2027.

COMMISSIONER

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