austlii:cth/FWCA/2025/2690
General information, not legal advice.
FWCA
2025-08-12
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
A.H. BEARD PTY LTD AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2025
Application for approval of the A.H. Beard Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2025.
[1] A.H. Beard Pty Ltd has applied for approval of an enterprise agreement known as the A.H. Beard Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.
[2] The Agreement is a single enterprise agreement.
[3] Clause 5(e) of the Agreement gives precedence to the National Employment Standards, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[4] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[5] The Construction, Forestry and Maritime Employees Union - Manufacturing Division (CFMEU) 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 CMFEU.
[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 August 2025.
[7] In accordance with clause 4(b), the nominal expiry date of the Agreement is 31 May 2028.

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