Mammoet Australia Pty Ltd

[2021] FWCA 2916

[2021] FWCA 2916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mammoet Australia Pty Ltd
(AG2021/5041)

MAMMOET AUSTRALIA PTY LTD PILBARA AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 MAY 2021

Application for approval of the Mammoet Australia Pty Ltd Pilbara Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement to be known as the Mammoet Australia Pty Ltd Pilbara Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Mammoet Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] 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.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511550  PR730038>