Construction, Forestry and Maritime Employees Union
[2024] FWCA 3993
•15 NOVEMBER 2024
| [2024] FWCA 3993 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/4078)
SOUTHERN CROSS MASONRY CONTRACTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 15 NOVEMBER 2024 |
Application for approval of the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2024-2027.
An application has been made for approval of an enterprise agreement known as the Southern Cross Masonry Contractors Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The 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 organisation.
While the Agreement states it ‘shall apply from the date of lodgement’, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 15 November 2024 and, in accordance with s.54, will operate from 22 November 2024. The nominal expiry date of the Agreement is 4 July 2027.
DEPUTY PRESIDENT
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