BELLCHAMBERS ASBESTOS REMOVAL AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION (ACT) COLLECTIVE AGREEMENT 2009-2011
[2009] FWA 96
•17 AUGUST 2009
[2009] FWA 96 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
BELLCHAMBERS ASBESTOS REMOVAL AND THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION (ACT) COLLECTIVE AGREEMENT 2009-2011
[AG871232]
Building, Metal and Civil Constructions Industries | |
COMMISSIONER DEEGAN | CANBERRA, 17 AUGUST 2009 |
[1] An application has been made for approval of an enterprise agreement known as the Bellchambers Asbestos Removal and The Construction, Forestry, Mining and Energy Union Collective Agreement (ACT) 2009-2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.
[2] The Agreement was made during the bridging period as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act). Accordingly, when considering whether to approve the Agreement, I have taken into account the provisions of Part 2-4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.
[4] As the Agreement does not contain a flexibility term, pursuant to s.202(4) the model flexibility term is taken to be a term of the Agreement.
[5] The Construction, Forestry Mining and Energy 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.
[6] The Agreement is approved and in accordance with s.54 of the Act, will operate from 24 August 2009. The nominal expiry date of the Agreement is 24 August 2011.
COMMISSIONER
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