EIR Adelaide Pty Ltd

[2024] FWCA 2546

[2024] FWCA 2546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

EIR Adelaide Pty Ltd

(AG2024/2382)

EIR ADELAIDE PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 JULY 2024

Application for approval of the EIR Adelaide Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the EIR Adelaide Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by EIR Adelaide Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 4 July 2024.

1. There is one National Employment Standard (NES) issue that requires comment:

·  Clause 5.5 does not provide an entitlement to compassionate leave after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.

1. Clause 1.5(c) of the Agreement acts as an effective NES precedence clause. As a result, the above clause will not apply to the extent it is inconsistent with 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) of the Act I note that the Agreement covers this organisation.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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