Construction, Forestry and Maritime Employees Union
[2024] FWCA 534
•7 FEBRUARY 2024
| [2024] FWCA 534 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2023/5403)
RTC MASONRY PTY LTD AND LITTLE MIGHTY CONCRETE PUMP PTY LTD AND CFMEU ACT BRICKLAYING AGREEMENT 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 7 FEBRUARY 2024 |
Application for approval of the RTC Masonry Pty Ltd and Little Mighty Concrete Pump Pty Ltd and CFMEU ACT Bricklaying Agreement 2023
The Construction, Forestry, Mining and Energy Union has made an application for approval of an enterprise agreement known as the RTC Masonry Pty Ltd and Little Mighty Concrete Pump Pty Ltd and CFMEU ACT Bricklaying Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 October 2023 and the Agreement was made on 20 November 2023. Accordingly, both the genuine agreement requirements and the better off overall test requirements are those applying from 6 June 2023.
The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.
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, Mining and Energy Union (CFMEU) 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 CFMEU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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