Construction, Forestry and Maritime Employees Union
[2024] FWCA 1097
•28 MARCH 2024
| [2024] FWCA 1097 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/791)
SORCO CONCRETE PTY LTD / CFMEU COLLECTIVE CIVIL FORMWORK AGREEMENT 2019-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 28 MARCH 2024 |
Application for approval of the Sorco Concrete Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023
An application has been made for approval of an enterprise agreement known as the Sorco Concrete Pty Ltd / CFMEU Collective Civil Formwork Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 13 February 2024 and the Agreement was made on 7 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 31 March 2024.
DEPUTY PRESIDENT
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