Construction, Forestry, Maritime, Mining and Energy Union

[2023] FWCA 1319

[2023] FWCA 1319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/1197)

STEVENS GLASS PTY LTD AND CFMMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 MAY 2023

Application for approval of the Stevens Glass Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Stevens Glass Pty Ltd and CFMMEU - Manufacturing Division Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applicant. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions on 27 April 2023 as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. I observe that clauses 30 and 30.6 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.6 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.

1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement.  In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 9 May 2023 and, in accordance with s 54, will operate from 16 May 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

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