NELLAKIR (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Application for approval of the Nellakir (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

[1] An application has been made for approval of an enterprise agreement known as the Nellakir (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027 (Agreement). The application was made by Nellakir (Aust) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The Agreement contains a delegates' rights term which is different in some respects from the term in the Building and Construction General On-site Award 2020 (Award). In this regard I note that clause 51.1 of the Agreement provides that to the extent the provisions of clause 36A of the Award may confer a more favourable benefit upon a workplace delegate than the explicit terms in the clause, those provisions will operate as terms of the clause.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2026. The nominal expiry date of the Agreement is 2 July 2027.

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