TJ & RF FORDHAM PTY LTD
[2022] FWCA 72
•12 JANUARY 2022
| [2022] FWCA 72 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
TJ & RF FORDHAM PTY LTD
(AG2021/8981)
TJ & rf fORDHAM PTY LTD ENTERPRISE AGREEMENT 2021
| Building, metal and civil construction industries | |
| Commissioner Matheson | SYDNEY, 12 JANUARY 2022 |
Application for approval of the TJ & RF Fordham Pty Ltd Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the TJ & RF Fordham Pty Ltd Enterprise Agreement 2021 (Agreement). The Agreement is a single enterprise agreement.
The name of the applicant was stated as ‘Glen Fordham’ in the ‘Form F16 - application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F16).
The applicant applied for a correction seeking that the Commission exercise its powers pursuant to s.586 of the Act to amend the name of the applicant as stated in the Form F16 to the correct legal name of the applicant and employer covered by the agreement, being ‘TJ & RF Fordham Pty Ltd’. I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act. I make the amendment.
I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 3.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2022. The nominal expiry date of the Agreement is 18 January 2026.
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