Construction, Forestry, Maritime, Mining and Energy Union

Case

[2022] FWCA 266

3 FEBRUARY 2022


[2022] FWCA 266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2021/9284)

Canberra Formwork Solutions Pty Ltd and CFMEU ACT Enterprise Agreement 2021

Building, metal and civil construction industries

COMMISSIONER MIRABELLA

MELBOURNE, 3 FEBRUARY 2022

Application for approval of the Canberra Formwork Solutions Pty Ltd and CFMEU ACT Enterprise Agreement 2021.

  1. An application has been made for approval of a greenfields agreement known as the Canberra Formwork Solutions Pty Ltd and CFMEU ACT Enterprise Agreement 2021 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union (the CFMEU) pursuant to s.185 of the Fair Work Act 2009 (the Act). 

  1. The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement. 

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers the organisation. 

  1. The Agreement was approved on 3 February 2022 and, in accordance with s.54 of the Act, will operate from 10 February 2022. The nominal expiry date of the Agreement is 31 March 2022. 


COMMISSIONER

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