Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 2695
•9 AUGUST 2022
| [2022] FWCA 2695 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/3213)
Polaris Marine Constructions Pty Ltd/CFMMEU Enterprise Agreement 2022-2025
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 9 AUGUST 2022 |
Application for approval of the Polaris Marine Constructions Pty Ltd/CFMMEU Enterprise Agreement 2022-2025.
Construction, Forestry, Maritime, Mining and Energy Union (the Applicant/CFMMEU) has made an application for the approval of the Polaris Marine Constructions Pty Ltd/CFMMEU Enterprise Agreement 2022-2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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.
I note that Clause 11.2.2 – Redundancy (Severance Pay) is potentially inconsistent with the National Employment Standards (NES). Noting the NES Precedence clause at 4(c) provided in the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The CFMMEU was a bargaining representative for the Agreement and 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
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