Cubic Interiors Western Australia Pty Ltd

[2020] FWCA 6460

[2020] FWCA 6460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cubic Interiors Western Australia Pty Ltd
(AG2020/3431)

CUBIC INTERIORS WESTERN AUSTRALIA PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 DECEMBER 2020

Application for approval of the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Cubic Interiors Western Australia Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement). The application was made by Cubic Interiors Western Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy 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 clauses 19.7 (a) and 41.6 (a)(i) are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.3 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 Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2020. The nominal expiry date of the Agreement is 30 November 2024.

DEPUTY PRESIDENT

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