Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 2615

[2020] FWCA 2615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1263)

EXCLUSIVE CONTRACTING (WA) PTY LTD /CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 MAY 2020

Application for approval of the Exclusive Contracting (WA) PTY LTD /CFMEU South Australia Enterprise Agreement 2020.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of a greenfields agreement known as the Exclusive Contracting (WA) PTY LTD /CFMEU South Australia Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, 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] I note that pursuant to s 53(2)(b) of the Act, 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 of the Act, will operate from 26 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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