Frames and Trusses (NSW) Pty Ltd

[2022] FWCA 4274

[2022] FWCA 4274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Frames and Trusses (NSW) Pty Ltd

(AG2022/4715)

Frames and Trusses (NSW) and CFMMEU Enterprise Agreement 2022

Timber and paper products industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 DECEMBER 2022

Application for approval of the Frames and Trusses (NSW) and CFMMEU Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement to be known as the Frames and Trusses (NSW) and CFMMEU Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Frames and Trusses (NSW) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 5 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

1. The Construction, Forestry, Maritime, Mining and Energy Union (Manufacturing Division), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, 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. 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 13 December 2022. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE518436  PR748608>

Annexure A