Ranieri Group Pty Ltd

[2024] FWCA 1856

[2024] FWCA 1856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ranieri Group Pty Ltd

(AG2024/1503)

RANIERI GROUP PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 21 MAY 2024

Application for approval of the Ranieri Group Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

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

1. The Agreement is a single enterprise agreement.

1. I note that the following clauses may be inconsistent with the National Employment Standards:

-     Clause 5.1(b) – Annual Leave as it expresses annual leave as 20 days, which is inconsistent with s 87(1) of the Act which specifies annual leave in weeks; and

-     Clause 5.5(b) – Compassionate Leave as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act.

1. As the Agreement contains a National Employment Standards precedence clause at Clause 1.5(c), I am satisfied that the more beneficial entitlements of the NES will prevail.

1. Subject to the above matters, 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.

1. The Construction, Forestry and 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 28 May 2024.

1. In accordance with clause 1.6(a) of the Agreement, the nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524707  PR775221>