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austlii:cth/FWCA/2024/2197
procedural. The Agreement was approved and will operate in accordance with s 54 of the Act, with a nominal expiry date of 2 July 2027. The Agreement covers the CFMEU.
The Fair Work Commission approved a three-year enterprise agreement between D & Z Constructions and the CFMEU. The Commission was satisfied that all legal requirements were met, including that workers would be better off overall and that the minimum standards in the Fair Work Act would apply where they were more generous than the agreement terms. The CFMEU was also formally noted as being covered by the agreement.
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1 cited instrument linked from this judgment.
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
D & Z CONSTRUCTIONS PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024 - 2027
Application for approval of the D & Z Constructions Pty Ltd and CFMEU (WA) Collective Agreement 2024 - 2027
[1] An application has been made for approval of an enterprise agreement known as the D & Z Constructions Pty Ltd and CFMEU (WA) Collective Agreement 2024 - 2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union (the Applicant/CFMEU). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The 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 CFMEU.
[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 2 July 2027.
Printed by authority of the Commonwealth Government Printer
The Agreement was approved and will operate in accordance with s 54 of the Act, with a nominal expiry date of 2 July 2027. The Agreement covers the CFMEU.