Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWCA 152

[2019] FWCA 152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6764)

FORESTWORKS AND CFMEU COLLECTIVE EMPLOYMENT AGREEMENT 2018 – 2021

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 11 JANUARY 2019

Application for approval of the ForestWorks and CFMEU Collective Employment Agreement 2018 -2021.

[1] An application has been made for approval of an enterprise agreement known as the ForestWorks and CFMEU Collective Employment Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 17.4 – annual leave;

•  Clause 20.4(a) – personal leave;

•  Clauses 23.1 and 23.3 – carer’s leave; and

•  Clause 22 – compassionate leave.

However, noting clause 3.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] 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.

[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 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2019. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

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