Piotto Bros Cement Flooring Pty Ltd

[2024] FWCA 2419

[2024] FWCA 2419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Piotto Bros Cement Flooring Pty Ltd

(AG2024/2144)

PIOTTO BROS CEMENT FLOORING PTY LTD/ CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 28 JUNE 2024

Application for approval of the Piotto Bros Cement Flooring Pty Ltd/ CFMEU South Australia Enterprise Agreement 2023

1. Piotto Bros Cement Flooring Pty Ltd has applied for approval of an enterprise agreement known as the Piotto Bros Cement Flooring Pty Ltd/ CFMEU South Australia Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

1. The Agreement is a single enterprise agreement.

1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. I note that Clause 5.1(b) may be inconsistent with the National Employment Standards as it expresses annual leave in days while s 87 of the Act specifies annual leave in weeks. Given the National Employment Standards precedence clause at Clause 1.5(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. Subject to the undertakings and other matters 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.

1. The Construction, Forestry & 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 5 July 2024.

1. In accordance with Clause 1.6(a), the nominal expiry date of the Agreement is 23 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525246  PR776543>

Annexure A