South Coast Equipment Pty Ltd
[2024] FWCA 2347
•24 JUNE 2024
| [2024] FWCA 2347 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
South Coast Equipment Pty Ltd
(AG2024/2027)
SOUTH COAST EQUIPMENT PTY. LTD PLANT OPERATOR CFMEU ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 24 JUNE 2024 |
Application for approval of the South Coast Equipment Pty Ltd Plant Operator CFMEU Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the South Coast Equipment Pty Ltd Plant Operator CFMEU Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by South Coast Equipment Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 18 June 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation
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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
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 1 July 2024. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525175 PR776349>
Annexure A
0
0
0