Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWCA 2172

[2020] FWCA 2172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1013)

CAM HAMMOND FLOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 APRIL 2020

Application for approval of the CAM HAMMOND FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the CAM HAMMOND FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The application was not lodged within 14 days after the agreement was made. However, pursuant to s 185(3)(b), I consider that in all the circumstances it is fair to extend the time for making the application to the date the application was lodged.

[4] The application was not accompanied by a properly witnessed statutory declaration. The union explained that this was due to the fact that its solicitors are working remotely because of the COVID-19 pandemic. The union requested that, pursuant to rule 6, the Commission dispense with the requirements of the Fair Work Commission Rules 2013 relating to statutory declarations. I consider it appropriate to adopt this course. Having granted relief from compliance with the relevant rules, the application before the Commission conforms with s 185(2). To the extent that there might be any argument that there was an irregularity in the form or manner in which the application was made, I waive it under s 586(b).

[5] The CFMMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 April 2020 and, in accordance with s 54, will operate from 4 May 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507887  PR718589>