RND Crewing Pty Ltd
[2022] FWCA 1482
•3 MAY 2022
| [2022] FWCA 1482 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
RND Crewing Pty Ltd
(AG2022/1090)
RNDC and MUA EBA 2021 Cockburn Cement Limited (CCL) – Owen Anchorage Shell Sand Dredging
| Dredging industry | |
| COMMISSIONER O'NEILL | MELBOURNE, 3 MAY 2022 |
Application for approval of the RNDC and MUA EBA 2021 Cockburn Cement Limited (CCL) – Owen Anchorage Shell Sand Dredging
RND Crewing Pty Ltd has applied for approval of an enterprise agreement known as the RNDC and MUA EBA 2021 Cockburn Cement Limited (CCL) – Owen Anchorage Shell Sand Dredging (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer has 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.
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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
The Construction, Forestry, Maritime, Mining and Energy 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.
I observe that clause 11.4 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2022. The nominal expiry date of the Agreement is 2 July 2024.
COMMISSIONER
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Annexure A
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