Construction, Forestry, Maritime, Mining and Energy Union

Case

[2022] FWCA 582

21 FEBRUARY 2022


[2022] FWCA 582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/382)

The M&C Petrakis Family Trust (The Trustee for) T/As PXK Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2020-2023

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 21 FEBRUARY 2022

Application for approval of the M&C Petrakis Family Trust (The Trustee for) T/As PXK Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering Enterprise Agreement 2020-2023

  1. The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of the M&C Petrakis Family Trust (The Trustee for) T/As PXK Nominees Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Solid Plastering 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.

  1. 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 21 February 2022 and, in accordance with s 54, will operate from 28 February 2022. The nominal expiry date of the Agreement is 30 June 2023.


DEPUTY PRESIDENT
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