BMS Heavy Cranes Australia Pty Ltd T/A BMS Heavy Cranes Pty Ltd

[2021] FWCA 7262

[2021] FWCA 7262

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMS Heavy Cranes Australia Pty Ltd T/A BMS Heavy Cranes Pty Ltd
(AG2021/8659)

BMS HEAVY CRANES AUSTRALIA PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2021 - 2024

Building services
COMMISSIONER YILMAZ	MELBOURNE, 22 DECEMBER 2021

Application for approval of the BMS Heavy Cranes Australia Pty Ltd and CFMEU Enterprise Agreement 2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as the BMS Heavy Cranes Australia Pty Ltd and CFMEU Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BMS Heavy Cranes Australia Pty Ltd T/A BMS Heavy Cranes Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Maritime, 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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