Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 3241

[2021] FWCA 3241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5376)

GENERAL BETON CO. PTY. LIMITED / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 JUNE 2021

Application for variation of the General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of a variation to the General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022 (Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (FW Act).

[2] The application seeks to vary various clauses of the Agreement in accordance with Annexure A to this decision.

[3] The application was made outside of the 14 day limit, namely sixteen days after the variation was made on 12 May 2021. The Applicant explained the reason the application was submitted more than 14 days from the date of the variation was that the signed documents were supplied to the union late and were lodged immediately upon receipt. The Act allows the Commission to extend that period if it considers it fair to do so in all the circumstances. I am satisfied that pursuant to s.210(3)(b), in all the circumstances it is fair to extend the period for lodgement of this application to 28 May 2021.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to this application for approval of a variation have been met including, without limitation, that the Agreement as varied continues to pass the better off overall test.

[5] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

General Beton Co. Pty. Limited / CFMEU Collective Agreement 2019-2023

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 8 June 2021.

COMMISSIONER

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