Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 3836

[2022] FWCA 3836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4369)

KPD Pty Limited Collective Agreement 2022 - 2025

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 1 NOVEMBER 2022

Application for approval of the KPD Pty Limited Collective Agreement 2022 -2025

1. An application has been made for approval of an enterprise agreement known as the KPD Pty Limited Collective Agreement 2022 - 2025 (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 CFMMEU/Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Joinery and Building and Trades Award 2020 (Award) is incorporated into the Agreement. The Employer has given an undertaking that where the Agreement is less favourable than the Award, particularly in relation to overtime penalty rates, shift penalties, and time off in lieu, the Award will apply.

1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

1. The CFMMEU, 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 CFMMEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2022. The nominal expiry date of the Agreement is 31 November 2025.

COMMISSIONER

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