Costa’s Builders Mart Pty Ltd T/A Costa’s Mitre 10

Case •

[2024] FWCA 642

•

16 FEBRUARY 2024
[2024] FWCA 642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Costa’s Builders Mart Pty Ltd T/A Costa’s Mitre 10

(AG2024/284)

COSTA’S BUILDERS MART PTY. LTD. ENTERPRISE BARGAINING AGREEMENT 2023-2026

Timber and paper products industry

DEPUTY PRESIDENT DEAN

CANBERRA, 16 FEBRUARY 2024

Application for approval of the Costa’s Builders Mart Pty. Ltd. Enterprise Bargaining Agreement 2023-2026.

  1. An application has been made for approval of an enterprise agreement known as the Costa’s Builders Mart Pty. Ltd. Enterprise Bargaining Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Costa’s Builders Mart Pty Ltd T/A Costa’s Mitre 10. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. The following provisions are likely to be inconsistent with the National Employment Standards (NES):

    ·  Clause 5.3.10 – Casual conversion

    ·  Clause 5.6.5 – Deduction/withholding of monies

    ·  Clause 5.7 – Abandonment of employment

    ·  Cause 5.8 – Redundancy pay

    ·  Clause 8.4 – Compassionate leave

  2. However, noting clause 1.3.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Construction, Forestry and Maritime Employees Union, 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 organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2024. The nominal expiry date of the Agreement is 30 November 2026.


DEPUTY PRESIDENT

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