CMG Contracting Pty Ltd ATF Consolidated Insulation Unit Trust

[2016] FWCA 731

[2016] FWCA 731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMG Contracting Pty Ltd ATF Consolidated Insulation Unit Trust
(AG2015/7828)

CMG CONTRACTING PTY LTD ON-SITE CONSTRUCTION AGREEMENT FOR NSW AND ACT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the CMG Contracting Pty Ltd On-Site Construction Agreement for NSW and ACT 2015.

[1] An application has been made for approval of an enterprise agreement known as the CMG Contracting Pty Ltd On-Site Construction Agreement for NSW and ACT 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CMG Contracting Pty Ltd ATF Consolidated Insulation Unit Trust. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] 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.

[5] The Agreement was approved on 3 February 2016 and, in accordance with s.54, will operate from 10 February 2016. The nominal expiry date of the Agreement is 10 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE417685  PR576709>