Cranecrew Logistics Pty Ltd
[2022] FWCA 4223
•1 DECEMBER 2022
| [2022] FWCA 4223 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cranecrew Logistics Pty Ltd
(AG2022/4707)
Cranecrew Logistics Enterprise Agreement 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 1 DECEMBER 2022 |
Application for approval of the Cranecrew Logistics Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Cranecrew Logistics Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cranecrew Logistics Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertakings referred to above, 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.
I observe that the provisions of the Agreement at clause 23.8 concerning public holidays and at clauses 24.1.4 and 24.5.1 concerning deductions are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1 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.
The Construction, Forestry, Maritime, Mining and Energy 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2022. The nominal expiry date of the Agreement is 1 December 2025.
DEPUTY PRESIDENT
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Annexure A
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