CBI Constructors Pty Ltd

[2015] FWCA 1115

[2015] FWCA 1115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2015/141)

CBI CONSTRUCTORS PTY LTD CALTEX KURNELL TERMINAL AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 FEBRUARY 2015

Application for approval of the CBI Constructors Pty Ltd Caltex Kurnell Terminal Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CBI Constructors Pty Ltd Caltex Kurnell Terminal Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CBI Constructors Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 February 2015 and, in accordance with s.54, will operate from 24 February 2015. The nominal expiry date of the Agreement is
16 February 2017.

DEPUTY PRESIDENT

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