Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6156

[2021] FWCA 6156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7639)

SYMAL INFRASTRUCTURE PTY LTD AND CFMMEU SURFACE WORKS GREENFIELD AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 OCTOBER 2021

Application for approval of the Symal Infrastructure Pty Ltd and CFMMEU Surface Works Greenfield Agreement 2021 - 2025

[1] An application has been made for approval of an enterprise agreement to be known as the Symal Infrastructure Pty Ltd and CFMMEU Surface Works Greenfield Agreement 2021 - 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Symal Infrastructure Pty Ltd (Employer). The Agreement is a greenfields agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2021. The nominal expiry date of the Agreement is 1 March 2025.

DEPUTY PRESIDENT

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