CBI Constructors Pty Ltd

[2014] FWCA 7407

[2014] FWCA 7407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CBI Constructors Pty Ltd
(AG2014/7280)

CBI CONSTRUCTORS PTY LTD HENDERSON FABRICATION, MATERIALS HANDLING AND ASSEMBLY YARD WORKS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 OCTOBER 2014

Application for approval of the CBI Constructors Pty Ltd Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBI Constructors Pty Ltd Henderson Fabrication, Materials Handling and Assembly Yard Works Enterprise Agreement 2014 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement was approved on 20 October 2014 and, in accordance with s.54, will operate from 27 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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Annexure A