Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 1769
•30 MAY 2022
| [2022] FWCA 1769 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1486)
ARN Cranes Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021
| Building, metal and civil construction industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 30 MAY 2022 |
Application for approval of the ARN Cranes Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021.
The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) has made an application for approval of an enterprise agreement known as the ARN Cranes Pty Ltd and CFMEU ACT Crane and Rigging Sector Enterprise Agreement (ACT) 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.
The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.5 of 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, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 30 May 2022 and, in accordance with s.54, will operate from 6 June 2022. The nominal expiry date of the Agreement is 31 March 2025.
COMMISSIONER
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