Maas Administration Pty Ltd
[2024] FWCA 4355
•6 DECEMBER 2024
| [2024] FWCA 4355 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Maas Administration Pty Ltd
(AG2024/4126)
CCH ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 6 DECEMBER 2024 |
Application for approval of the CCH Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the CCH Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maas Administration Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 9 August 2024 and the Agreement was made on 4 October 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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.
I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 5 December 2028.
DEPUTY PRESIDENT
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