Construction, Forestry, Maritime, Mining and Energy Union

Case •

[2022] FWCA 730

•

1 MARCH 2022
[2022] FWCA 730

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/459)

Sunrise Cleaning Services Pty. Ltd. as Trustee for Nick Karageorgos Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 1 MARCH 2022

Application for approval of the Sunrise Cleaning Services Pty. Ltd. as Trustee for Nick Karageorgos Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023

  1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the Sunrise Cleaning Services Pty. Ltd. as Trustee for Nick Karageorgos Family Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. 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.

  1. The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

  1. The Agreement was approved on 1 March 2022 and, in accordance with s 54, will operate from 8 March 2022. The nominal expiry date of the Agreement is 30 June 2023.


DEPUTY PRESIDENT
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