Construction, Forestry, Maritime, Mining and Energy Union

Case

[2023] FWCA 399

8 FEBRUARY 2023


[2023] FWCA 399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/5524)

PREMIUM VICTORIA PTY LTD AND CFMMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries

COMMISSIONER SCHNEIDER

PERTH, 8 FEBRUARY 2023

Application for approval of the Premium Victoria Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2022

  1. The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant or the Union) has made an application for the approval of an enterprise agreement known as the Premium Victoria Pty Ltd and CFMMEU – Manufacturing Division Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

  1. The Union, also being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 February 2023. The nominal expiry date of the Agreement is 18 October 2025.

COMMISSIONER

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<AE519124  PR750330>

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