Construction, Forestry and Maritime Employees Union
[2024] FWCA 2254
•18 JUNE 2024
| [2024] FWCA 2254 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/1892)
CORE BUILDING SERVICES (ACT) PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2021
| Building, metal and civil construction industries | |
| COMMISSIONER CONNOLLY | MELBOURNE, 18 JUNE 2024 |
Application for approval of the Core Building Services (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Core Building Services (ACT) Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union (the Applicant). The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 6 June 2024.
The notification time for the Agreement under s.173(2) was 24 April 2024 and the Agreement was made on 16 May 2024. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
On 12 June 2024, the Employer was invited to address aspects of the Agreement. The Applicant filed submissions on 13 June 2024, and I have accepted them.
The “Construction, Forestry and Maritime Employees Union”, 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 November 2025.
COMMISSIONER
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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