austlii:cth/FWCA/2025/3937
General information, not legal advice.
FWCA
2025-11-21
Original judgment source is linked above.
[2025] FWCA 3937 [Note: a correction has been issued to this document]
s.185 - Enterprise agreement
MCLS (AUST) PTY LTD AND CFMEU ENTERPRISE AGREEMENT (TAS) 2024
Application for approval of the MCLS (Aust) Pty Ltd and CFMEU Enterprise Agreement (Tas) 2024
[1] An application has been made for approval of an enterprise agreement known as the MCLS (Aust) Pty Ltd and CFMEU Enterprise Agreement (Tas) 2024 (Agreement). The application was made by MCLS (Aust) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 34 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.
[3] 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.
[4] 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 the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2025. The nominal expiry date of the Agreement is 1 July 2027.
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