Custom Transportable Buildings Pty Limited T/A CTB Industries

[2022] FWCA 1580

[2022] FWCA 1580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Custom Transportable Buildings Pty Limited T/A CTB Industries

(AG2022/1203)

CTB Industries Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER O'NEILL	MELBOURNE, 12 MAY 2022

Application for approval of the CTB Industries Enterprise Agreement 2022

1. Custom Transportable Buildings Pty Limited has applied for approval of an enterprise agreement known as the CTB Industries Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

1. 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.

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

·   Clause 13.1.4 – Ending Employment;

·   Clause 18.2 – Redundancy; and

·   Clause 22.1.2 -  Public Holidays.

1. However, noting clause 4.2.1 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2022. The nominal expiry date of the Agreement is 18 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE515939  PR741502>

Annexure A