Construction, Forestry, Maritime, Mining and Energy Union
[2022] FWCA 1191
•4 APRIL 2022
| [2022] FWCA 1191 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/786)
Austral SF Australia Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 4 APRIL 2022 |
Application for approval of the Austral SF Australia Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2022.
The Construction, Forestry, Maritime, Mining and Energy Union (the Applicant/CFMMEU) have made an application for the approval of the Austral SF Australia Pty Ltd and CFMEU ACT Steel-Fixing Sector Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise greenfields 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 37.2 – Domestic and Family Violence Leave is potentially inconsistent with the National Employment Standards (NES). Noting the NES precedence clause at 6.5 and the submissions provided by the CFMMEU, 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 11 April 2022. The nominal expiry date of the Agreement is 30 November 2022.
DEPUTY PRESIDENT
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