Bam & Associates Pty Ltd as Trustee for Bam Trading Trust T/A Bamstone

Case

[2022] FWCA 1353

20 APRIL 2022


[2022] FWCA 1353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bam & Associates Pty Ltd as Trustee for Bam Trading Trust T/A Bamstone

(AG2022/1118)

BAM Trading Trust Enterprise Agreement 2021-2024

Building, metal and civil construction industries

DEPUTY PRESIDENT BELL

MELBOURNE, 20 APRIL 2022

Application for approval of the BAM Trading Trust Enterprise Agreement 2021-2024.

  1. An application has been made for approval of an enterprise agreement known as the BAM Trading Trust Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bam & Associates Pty Ltd as Trustee for Bam Trading Trust T/A Bamstone. The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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), I note that the Agreement covers the organisation.

  1. The Agreement was approved on 20 April 2022 and, in accordance with s.54, will operate from 27 April 2022. The nominal expiry date of the Agreement is 22 August 2024.


DEPUTY PRESIDENT

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