Civil Mining & Construction Pty Ltd

[2015] FWCA 86

[2015] FWCA 86

FAIR WORK COMMISSION

DECISION

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

Civil Mining & Construction Pty Ltd
(AG2014/10891)

CIVIL MINING & CONSTRUCTION PTY LTD; COM PLANT HIRE PTY LTD; QUARRY MATERIALS PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 JANUARY 2015

Application for approval of the Civil Mining & Construction Pty Ltd; COM Plant Hire Pty Ltd; Quarry Materials Pty Ltd Single Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 December 2014 by Civil Mining & Construction Pty Ltd for the approval of a single-enterprise agreement known as the Civil Mining & Construction Pty Ltd; COM Plant Hire Pty Ltd; Quarry Materials Pty Ltd Single Enterprise Agreement 2014(“the Agreement”).

[2] On 12 January 2015 and 15 January 2015, the Employer provided undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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