Prima Architectural (VIC) Pty Ltd
[2023] FWCA 30
•4 JANUARY 2023
| [2023] FWCA 30 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Prima Architectural (VIC) Pty Ltd
(AG2022/5346)
PRIMA ARCHITECTURAL (VIC) PTY LTD AND CFMMEU MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2023
| Timber and paper products industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 4 JANUARY 2023 |
Application for approval of the Prima Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Primal Architectural (VIC) Pty Ltd and CFMMEU Manufacturing Division Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primal Architectural (VIC) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
I observe that the following provisions may in certain circumstances be inconsistent with the National Employment Standards (NES):
· Clause 28 – Maximum Weekly Ordinary Hours
· Clause 32.1(e) – Application of maximum number of single day annual leave absences in a 12-month period.
However, noting clause 6.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 January 2024.
DEPUTY PRESIDENT
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