CRR Solutions Pty Ltd

[2019] FWCA 8433

[2019] FWCA 8433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CRR Solutions Pty Ltd
(AG2019/4636)

CRR SOLUTIONS GREENFIELDS AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 12 DECEMBER 2019

Application for approval of the CRR Solutions Greenfields Agreement.

[1] An application has been made for approval of a greenfields agreement known as the CRR Solutions Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by CRR Solutions Pty Ltd.

[2] 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. In particular, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that clause 7.2 is inconsistent with the National Employment Standards as it states that an employee must state the nature of illness when providing a statutory declaration. Given the National Employment Standards precedence clause at clause 2.5(c) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 11 December 2023.

COMMISSIONER

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