CFC Mining Services & Construction Pty Ltd atf MSC Employment Trust

[2015] FWCA 2954

[2015] FWCA 2954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CFC Mining Services & Construction Pty Ltd atf MSC Employment Trust
(AG2015/2192)

CFC MINING SERVICES & CONSTRUCTION AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 29 APRIL 2015

Application for approval of the CFC Mining Services & Construction Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CFC Mining Services & Construction 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 CFC Mining Services & Construction Pty Ltd atf MSC Employment Trust. 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, and 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, 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 Agreement was approved on 29 April 2015 and, in accordance with s.54, will operate from 6 May 2015. The nominal expiry date of the Agreement is 28 April 2019.

DEPUTY PRESIDENT

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ANNEXURE A