CB&I Constructors Pty Ltd T/A CB&I

[2015] FWCA 6578

[2015] FWCA 6578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

CB&I Constructors Pty Ltd T/A CB&I
(AG2015/5577)

CBI CONSTRUCTORS PTY LTD - GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER CLOGHAN	PERTH, 24 SEPTEMBER 2015

Application for approval of the CBI Constructors Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015.

[1] On 21 September 2015, CB&I Constructors Pty Ltd T/A CB&I made application for approval of a single enterprise agreement to be known as the CBI Constructors Pty Ltd - Gorgon Project - Barrow Island Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 16 September 2015.

[3] The Fair Work Commission (Commission) must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Construction, Forestry, Mining and Energy Union (CFMEU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) have declared that the CFMEU and AMWU were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the CFMEU and AMWU support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the CFMEU and AMWU have given notice that, pursuant to s.183 of the FW Act, they want to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 1 October 2015.

[7] The nominal expiry date of this Agreement is 31 December 2017.

COMMISSIONER

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