Michael Crema
[2024] FWCA 2516
•10 JULY 2024
| [2024] FWCA 2516 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Michael Crema
(AG2024/2126)
PIAVE PREMIX CONCRETE AGREEMENT (VICTORIA) 2024
| Cement and concrete products | |
| COMMISSIONER ALLISON | MELBOURNE, 10 JULY 2024 |
Application for approval of the Piave Premix Concrete Agreement (Victoria) 2024
An application has been made for approval of an enterprise agreement known as the Piave Premix Concrete Agreement (Victoria) 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Michael Crema on behalf of Piave Premix Concrete Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
The signature page filed with the application did not meet the requirements set out in regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). The Employer provided an updated signature page to address this issue.
The title of the Agreement in the Notice of Employee Representational Rights (NERR) was the Piave Premix Concrete Agreement 2024, which does not match the title of the Agreement to be approved. I am satisfied that the difference in the Agreement title in the NERR constitutes a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.
Clause 20 of the Agreement relates to long service leave and appears include provisions which are inconsistent with the Long Service Leave Act 2018 (Vic). I note that in accordance with the Full Bench decision in Armacell,[1] where there is an inconsistency between a term of an enterprise agreement dealing with long service leave, and State long service leave legislation, the latter prevails and the enterprise agreement provision would have no effect to the extent of the inconsistency. The Employer has also provided an undertaking to resolve this issue.
A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
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.
The Transport Workers’ Union of Australia, 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2024. The nominal expiry date of the Agreement is 13 July 2026.
COMMISSIONER
Annexure A
[1] [2010] FWAFB 9985, [30].
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