Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6565

[2021] FWCA 6565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8057)

X-CEL PTY LTD AND CFMEU MINOR CIVIL CONSTRUCTION
UNION COLLECTIVE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 NOVEMBER 2021

Application for approval of the X-Cel Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025

[1] An application has been made for approval of a greenfields agreement known as the X-Cel Pty Ltd and CFMEU Minor Civil Construction Union Collective Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Construction, Forestry, Maritime, Mining and Energy Union.

[2] 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. In particular, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 12 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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