Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 1672

[2021] FWCA 1672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4248)

GVK NSW REO PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 MARCH 2021

Application for variation of the GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022.

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

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

[2] I am satisfied that each of the requirements of ss.210 and 211 of the 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.

[3] A variation was made to the title of the Agreement with the consequence that, throughout the Agreement, the original Agreement title “GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2022” has been replaced with the following:

GVK NSW REO Pty Ltd / CFMEU Collective Agreement 2019-2023

[4] The variation lodged contained errors in relation to appendix references. On 24 March 2021, the Applicant filed an amended version of the Variation pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[6] In accordance with s.216 of the Act, the variation operates from 26 March 2021.

COMMISSIONER

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